[1592/4/87]*[print] [email] [cite] [preceding] [following]
†Because of the common contempt in resetting and supplying of declared traitors and rebels over all parts of the realm, many pretending excuse of ignorance and misunderstanding of the persons, and although they be known yet do no diligence to apprehend and present them to justice if it be in their power, nor yet to make timeous advertisement to the ordinary magistrates or other persons of power within the shire and bounds next adjacent, to the effect the said traitors and rebels may be followed and still pursued until they be taken or expelled out of the realm; for remedy whereof, it is statute and ordained by our sovereign lord, with advice of his estates in this present parliament, that all former laws and acts of parliament made of before against resetters of traitors and rebels, and punishment of them which contemptuously remain at the horn, shall be put to due execution in all points, and specially whenever any declared traitors or rebels repair in any part of this realm, none of our sovereign lord's lieges shall presume to reset, supply or intercommune with them, or to give them meat, drink, house, shelter or any relief or comfort under the same pain for which they are forfeited or put to the horn; and that immediately upon knowledge of their repairing in these bounds, that all his highness's obedient subjects do their exact diligence at the utmost of their power in searching, seeking, taking and apprehending of the said declared traitors and rebels, and presenting of them to justice, or in following of them until they be taken or expelled and put out of the shire and immediately to make intimation to the magistrates and persons of power and authority in the next shire, which shall be held to do the like exact diligence without delay, and so from shire to shire until they be apprehended and brought to justice or expelled and put out of the realm. And further, whenever any manner of traitors, rebels or unknown male vagabonds happen to repair in the country, all his highness's lieges knowing them or amongst whom they resort, shall with all possible speed certify his majesty or some of his secret council or some of the chief persons of authority and credit dwelling within the same shire that such persons (if they be known) are within the same; and if they be unknown, showing their tokens and for what cause they pretend themselves to be wandering across the country or lurking in any part, under the same pain that the traitors, rebels and vagabonds ought to have sustained in bodies or goods themselves in case they had been apprehended, presented and convicted by justice.
[1592/4/88]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of his estates in this present parliament, statutes and ordains that no assignation or other evident allegedly made in defraud of the creditor shall be a valuable title to pursue or defend with, if it shall be then instantly verified by writing that the cedent remains rebel and at the horn for the same cause unrelaxed, nor any gift of escheat, assignation or other right proceeding thereof allegedly made in defraud of the creditor and in favour of the rebel shall be valuable title to pursue or defend with, if it shall be then instantly verified by writing that the rebel remains still at the horn for the same cause. As also it shall be a relevant exception against any pretending title by assignation or gift of escheat of the rebel to allege that the said rebel himself, his wife, bairns or near friends remain in possession of his tacks and goods to his own use and benefit; and in case escheats or liferents shall happen to be given any other way than to the benefit of the party offended, the treasurer shall be held to make the disposition to a responsible person who shall be debtor to the party at whose instance the horning is led for his debt, or the treasurer (if he think good) shall take good sufficient caution for his relief. And in case the donator shall not be found responsible in lands or goods, our sovereign lord, with advice of his estates, declares the gift to be null. And because persons convicted or standing rebels for treason, murder, slaughter or other odious crimes commonly have the fruition of their goods, debts, tacks, steadings and possessions, their houses still held and possessed by their wives, bairns or tender friends to the defraud of the law, of the profit of the crown and encouraging of wicked men after committing of mischievous deeds, and that under pretence and colour of fraudulent dispositions or assignations made by themselves or gifts of their escheats deceitfully purchased or transferred in favour of themselves, their wives, bairns, tender friends or well-wishers, to their commodity and benefit; for remedy whereof, our sovereign lord, with advice of his estates, statutes and ordains that the said fraudulent and deceitful dispositions of escheats, or anything following thereupon, shall not serve to nourish and sustain the said traitors and rebels in their contempt and rebellion, but that it shall be lawful to his highness and his treasurer to intromit with and take up the said escheat goods, gear and debts remaining in the possession of the person by whose deed and occasion it fell, or of his wife, bairns, family or tender friends whatsoever, upon the ground and within the house occupied and possessed by him before he was declared or put to the horn; or in case he has been reset in the same house at any time after his forfeiture or denunciation to the horn, notwithstanding any fraudulent disposition or assignation or deceitful gift or right of escheat purchased of the same in favour or to the benefit of the said traitors or rebels of before, through which the house and possessions of the said traitors and rebels shall in no way be suffered to come to their use or commodity, directly or indirectly, during the time of their rebellion and the taking up of the said escheated goods and debts, and labouring of the said tacks and possessions during the continuance of the said traitors and rebels in their rebellion shall in no way be put in to the said treasurer or others having his right or direction as any action, criminal or civil, exonerating and discharging them of the same forever; and that the said treasurer or his deputes cause the houses of the committers of the crimes foresaid be detained and kept upon the expense of the readiest of the said escheated goods.
[1592/4/89]*[print] [email] [cite] [preceding] [following]
†For furthering of the punishment of slaughters, fire-raising and other odious crimes so commonly committed in diverse parts of the realm these sundry years bygone upon set purpose and forethought felony, to the offence of God and contempt of our sovereign lord's authority, his highness, following the lovable example of his most noble progenitors in like case of his special favour, and at the instant request of his estates in this present parliament, grants and, in the word of a prince, faithfully promises that he shall close his hands and cease from granting of any respites or remissions for any manner of slaughter, fire-raising or other odious crimes that shall be committed upon old hostility and forethought felony for the space of five years next after the date hereof; that in the meantime the realm may be put in peace, and his lieges made to live in surety, unless the said respite or remission shall be craved to the offender by the wife, bairns or nearest friend of the person that has received the offence, or that a sufficient letter of slains† seen and perfectly considered by his highness's council; and if any respites or remissions shall happen to be granted for old actions, that it be expressed in the same that the trespass was committed before this present parliament, and that his highness and his council have seen where the party is compensated, otherwise declares the same respite or remission to be null and of no value. And in case any such remissions or respites (as God forbid) shall happen to be granted and passed, ordains and commands his highness's justice, justice clerk and their deputes to proceed and do justice upon the users thereof, notwithstanding the said remissions and respites, as if the same had never been granted or produced; and ordains all persons that have already obtained respites for the said crimes since his highness accepted the government of the realm in his own person to be called to underlie the law for the same at the instance of the party offended if they please to pursue; and although they insist not, at the instance of his highness's treasurer and advocate, and the offenders compearing, and using the said respites or remissions, to cause them find good and responsible sureties acted in the books of adjournal for satisfying of the party as law will at the modification of the lords of council and session, whom his highness ordains and commands to proceed and administer upright justice in modifying of condign and sufficient compensation for the said slaughters and other odious crimes according to the gravity and circumstances thereof, as they will answer to God and his highness thereupon; and for the furtherance hereof, that his highness's treasurer and the justice clerk cause collect the names of all persons that have got respites or remissions for slaughters or other odious crimes since his highness's acceptance of the government in his own person, and present the same to his highness and his privy council with all expedition.
[1592/4/90]*[print] [email] [cite] [preceding] [following]
†For the better punishment of the wicked crime of setting of fire in coal pits by some ungodly persons upon private revenge and vexation, it is statute and ordained that the committing of the said crime in any time hereafter shall be treason, and that the committers thereof, being orderly convicted, shall suffer such punishment in bodies, lands and goods as is due by the law in cause of treason.
[1592/4/91]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his estates in this present parliament ratify and approve his highness's act of parliament made for punishment of strong and idle beggars and provision for relief of the poor and impotent, and ordain the same to be put into execution in all parts of the realm as it has already taken effect within the parts of the burgh of Edinburgh; and because some of the sheriffdoms are of wide and long bounds, through which it will be difficult to convoy vagabonds and persons offending to the common prisons of the head burghs of the shires, therefore ordain and command all sheriffs, stewarts, bailies, lords and bailies of regalities and their deputes, and provost and bailies within burghs, to make prisons, stocks and irons not only at the head burgh, but also at the principal thoroughfare towns and parish kirks within the whole bounds of the shire, as well to burgh as to landward, and to constitute one or two sheriff deputes of honest and zealous men of best credit and power in the bounds within or next adjacent to the said burghs, thoroughfare towns and parish kirks, to put the effect of the said act of parliament in execution, or if the said sheriffs or other judges ordinary be found remiss or negligent, give and grant full power, charge and authority to the ministers, elders and deacons within the bounds of every parish, or of so many parishes as will concur together, to nominate and elect one, two, three or more persons of the best ability, zeal and discretion within the same parish or bounds, whom his highness makes and constitutes justices and commissioners in that part to the effect underwritten, giving, granting and committing to them jointly and severally full power, charge and authority to execute the said act of parliament concerning the punishment of strong and idle beggars and vagabonds and provision for relief of the poor and impotent, and to that effect, to fence and hold courts, create officers, summon assizes, each person under the pain of £5, fines and pains to take, uplift and raise and for the same, if need be, to poind and distrenzie and the uses contained in the said act apply, and generally all and sundry other things to do, exercise and use that to the full execution of the same act of parliament within the said bounds is necessarily required. And in case the said judges ordinary or their deputes or the said persons to be nominated and elected as said is, are constituted justices and commissioners by the authority of this present act of parliament shall happen to refuse or delay to accept and use the said commission, or having accepted the same, shall be found remiss or negligent in execution thereof, they shall incur the pain of a fine appointed against judges and magistrates by the said act of parliament, whereupon ditty shall be taken up and they called and accused for that at general justice ayres or particular diets, or then letters shall be directed by deliverance of the lords of council and session charging as well the said judges ordinary and their deputes as the said persons to be nominated and elected and constituted justices and commissioners by this present act of parliament upon the sight of the act and testimonial of their nomination and election, to put the said act of parliament to execution in all points after the form and tenor thereof within 40 days next after the charge, under the pain of rebellion and putting of them to the horn, and if they fail therein, the said 40 days being past, to denounce the disobeyers rebels and put them to the horn, and escheat and bring in all their moveable goods to his highness's use for their contempt; and for the better trial of common sorners, vagabonds and masterful beggars, feigned fools and counterfeit Egyptians, and to the effect they may be still pursued until they be compelled to settle them at some certain dwelling or be expelled further of the country, that the sheriffs and other judges ordinary and their deputes and other justices and commissioners above-specified take inquisition by inquest at the head courts yearly of the names and tokens of them, and make denunciation of them to the next ordinary judges and parishes in the four halves about, as also to our sovereign lord and secret council within 40 days after the said head courts under the pain foresaid.
[1592/4/92]*[print] [email] [cite] [preceding] [following]
†Forasmuch as sundry acts of parliament have been made for punishment of forestallers and resellers, being very pernicious members in the commonwealth, yet because it has not been expressed what was forestalling and reselling, there[fore our]† sovereign lord, with advice of his estates in this present parliament, declares, statutes and ordains that whosoever buys or causes buy any merchandise, victual or other thing coming by land or water toward any fair or market in burgh or in landward to be sold in the same from any parts beyond sea or within the realm, or makes any contract or promise for the having and buying of the same or any part thereof before the said merchandise, victuals or other thing shall be in the fair or market place in burgh, port or anchorage ready to be sold, or shall make any motion by word, writing or message for raising of the prices or dearer selling of any of the things above-mentioned to the market, fair or town, shall be esteemed and judged a forestaller. And whosoever gets in his possession in any fair or market, any corn, victual, butcher meat, fish or other provisions that shall be brought to be sold, and sells the same again in any fair or market held in the same place or any other fair or market within four miles thereof, or who gets in his hand by buying contract of promises the growing corn on the field, shall be reputed a reseller, and because there has been so little effect followed in the execution of the said act by the magistrates within burghs to whom the execution thereof was committed, therefore it shall be lawful in time coming to our sovereign lord's treasurer or advocate to call and pursue all persons suspected and accused of forestalling and reselling in case they shall happen to prevent by apprehending, raising a law suit and executing first, as well as the said magistrates in burghs. And it shall not be permissible to the magistrates within burgh to repledge any persons challenged or pursued by the treasurer or advocate before his highness's justice or his deputes at justice ayres or particular diets. And albeit there be no special ditty but that the forestaller and reseller be only accused of common forestalling or reselling so reputed and held, yet the libel in that generality shall stand relevant and the persons accused to be put to the knowledge of an assizes. And if they be subject to his majesty's will or be convicted by an assize for common forestalling and reselling of markets, they shall incur for the first fault the pain and fine of £40 and shall find surety to abstain in time coming under the pain of 100 merks; and if he shall again in the second fault, the principal and his surety to incur and pay the said sum of 100 merks; and for the third fault the offender being convicted or subject to his majesty's will to lose and forfeit all his moveable goods to be brought in to our sovereign lord's use as escheat, and that justice courts or ayres for the effect foresaid be held every year twice.
[1592/4/93]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the estates of parliament, understanding the great wrong done to the common welfare by certain private persons for their own commodity transporting in England yearly wool, sheep and cattle above the number of £100,000, whereby such dearth is raised in the country that a mutton buck is dearer and far surmounts the price of a boll of wheat; for remedy whereof, has statute and ordained that no wool, sheep nor cattle be transported in England under the pain of escheating, not only of the said wool, sheep and cattle, which shall be found passing to England, but also of the whole moveable goods of the actual transporters, and also the merchants, causers and principal doers of the said transporting, albeit deceitfully they cause the same to be done by poor folks, the one half of the said escheats to appertain to the apprehender of the said goods and wool, in case he may sufficiently verify and try the same, and the other half to our sovereign lord and to be intromitted with by the warden, keeper, sheriff, stewart or bailie who shall be accountable to his majesty for the same; and further, the said offenders shall be punished in their persons by warding for the space of six months and otherwise at his highness's pleasure, likewise our said sovereign lord has statute and ordained that it shall be permissible to any sheriff, warden, keeper or any other baron or officer having the treasurer's power and direction, to stay and arrest, take and apprehend the said goods and persons, and to present them before the warden, sheriff, stewart, bailie or keeper, or bring them to Edinburgh to be presented to the justice and his deputes, and to underlie the law for the said offence, which being tried the offenders shall lose their whole moveables to be divided as said is; and also shall be punished in their persons as is above-written at the king's pleasure to the terror of others; and the same penalties to be extended against whatsoever persons within this realm that shall sell any cattle and sheep to whatsoever Englishman or other either abiding within the bounds of England or that trafficks within this realm, it being tried that the person, buyer of the same goods, sells or transports the same in England. And our sovereign lord, with advice of this said estates, annuls all licences granted or to be granted in the contrary hereof, and ordains that the penalty of this act shall strike against the transgressors thereof, notwithstanding the said licences purchased or to be purchased.
[1592/4/94]*[print] [email] [cite] [preceding] [following]
†Regarding the supplication given in to the king's majesty and estates of parliament by his highness's advocate, in name of his majesty's faithful and true subjects within this realm, making mention that not only his majesty's officers of arms in putting of decreets obtained before the judges ordinary to execution are heavily troubled by deforcing of them in execution of their offices and striking of them to the effusion of their blood, in high and manifest contempt of our sovereign lord and his highness's authority and laws, but also a new unaccustomed contempt is lately creeping in and entered within this realm that no person within the same, neither officers of arms or sheriffs in that part, may travel with free access to execute any summons and letters directed forth in his majesty's name for summoning of any person or persons to compear before the lords of the college of justice or other judges within this realm without hazard and peril of their bodies, to the great hindrance of justice and prejudice of the true subjects of this realm who are willing to live under his highness's obedience and to repair wrongs and injuries done to them by order of law; beseeching, therefore, his majesty and estates foresaid to have consideration of the premises and to set down by act of this present parliament that all persons shall be free from harm and undamaged in executing of any summons, letters or precept, and in putting of decreets to execution under such pains and punishment as his majesty and the said estates think most expedient for the maintenance of justice and punishment of the contemners thereof, as the said supplication at more length purports. Which being read, heard and considered by his highness and the said estates, and they therewith being ripely advised, our sovereign lord and his estates convened in this present parliament, for remedy of the daily hurts and injuries received by officers of arms or sheriffs in that part executing letters or precepts in our sovereign lord's name and authority, statute and ordain that in case an officer of arms or sheriff in that part, or other person whatsoever the time of the execution of any said letters or precepts directed by his highness or other judges within this realm, or in putting of decreets to due execution, be deforced in doing of the same, or be molested, invaded or pursued to the effusion of their blood by the person or persons whom they shall be pursued thereof, summoned or charged, or any others of their causing and command, the deforcers and pursuers of the officers and others foresaid shall forfeit and lose all and whatsoever their goods and gear moveable, and the one half thereof shall appertain to our sovereign lord as escheat, and the other half to the party at whose instance the said summons, letters and precepts are directed and purchased; which executions our said sovereign lord and estates foresaid decree and declare to be lawfully and orderly executed, notwithstanding the said deforcement and invasion of the said officers and others above-written to be committed in manner foresaid, the deforcement being first verified and proven.
[1592/4/95]*[print] [email] [cite] [preceding] [following]
†Item, it is statue and ordained, seeing that diverse exceptions and objections rise upon criminal libels and parties frustrated of justice, that in time coming all criminal libels shall contain that the persons complained [on are]† art and part of the crime libelled, which shall be relevant to accuse them thereof so that no exception or objection takes away that part of the libel in time coming.
[1592/4/96]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and his estates of parliament, for the gracious love and favour which his majesty bears to the burghs of this realm after his perfect age of 25 years complete, ratifies and approves all and whatsoever acts, rights, privileges, ordinances and constitutions made of before by his majesty and his most noble progenitors for maintenance of the liberties of free burghs according to the said acts and constitutions in all points. And forasmuch as by diverse acts of parliament made of before in the days of his most noble progenitors, it is statute and ordained that no person within this realm should exercise the trade of merchandise but the burgesses of free burghs, which have not been nor yet are observed by reason that there is no penalty imposed to the contraveners thereof, therefore our said sovereign lord and whole estates of this present parliament, confirm, ratify and approve the said acts, constitutions and every one of them with this addition: that whosoever exercises the said trade of merchandise not being free burgesses, their whole goods and gear shall become in escheat, the one half to our sovereign lord, and the other half to the burgh whose commissioner or collector shall first apprehend the same. And to the effect that the said escheat may be uplifted, his majesty and estates foresaid give and grant full power and authority to every one of the said free burghs, by themselves or their commissioner and collector, whom they shall have power to depute in that behalf, to search and seek the goods and gear of the said unfreemen traffickers, to intromit therewith as escheat, and to deliver the one half thereof to his highness's treasurer, and the other half to the burgh whereof he shall be appointed commissioner and collector, whether it be within this realm or in any other part, where the same may be challenged, and to arrest the said goods, call, follow and pursue thereof before unbiased bailies or deputes, whom they shall have power to create to that effect; and ordain the one half of the said escheat to be intromitted with by the said commissioner or collector as said is, be applied to the common welfare of the said burgh who shall first apprehend the said escheated goods, of the which half of the said escheated goods there shall be yearly account made as is appointed of the common good of the burgh, providing always that this present act be not prejudicial to noblemen, barons or other landed men, to bring or cause bring or have merchandise to their own particular use and benefit so that they sell not the same or make merchandise thereof again to our sovereign lord's lieges, wherein in case the said noblemen, barons and others above-written be found or apprehended culpable, they shall be reputed, held and esteemed as unfreemen traffickers, and it shall be permissible to the said free burghs or their commissioner and collector foresaid to intromit with their whole goods and gear as escheat, and convey upon the same as with the said unfreemens' goods in manner above-written.
[1592/4/97]*[print] [email] [cite] [preceding] [following]
†Item, seeing the taxation and stents upon the realm are multiplied, with which the burghs are very greatly burdened, therefore it is statute and ordained that all manner of inhabitants of burghs exercising any manner of traffick merchandise or having charge within the same shall bear their part of all taxes, stents and taxations, watching and warding in all duties and services pertaining to our sovereign lord, the well of the realm and the utility of the burgh; and that without any respect to be had to any privilege, discharge or executions granted by our sovereign lord's predecessors or by his highness's self, or to be granted in time coming by his majesty or his successors to whatsoever person or persons of whatsoever quality, or for whatsoever causes; and ordains this to have execution against all persons exercising the traffick of merchandise or other charge in any of the burghs of this realm, whether they be admitted free burgesses therein or not, providing always that it shall be permissible to his highness notwithstanding of the said act to exempt from the said taxations, watching and warding one person of each craft for his highness's particular use and service in case his majesty find it good and expedient to be done; and also that this act be not prejudicial to the members of the college of justice and to their privileges and immunities granted to them, or whereof they have been in use in times bygone.
[1592/4/98]*[print] [email] [cite] [preceding] [following]
†Item, forasmuch as the exercises of craftsmen in the suburbs of the free burghs is not only hurtful to all our sovereign lord's lieges for the insufficiency of the work, but also administers great occasion to apprentices and servants in free burghs undutifully to leave their masters and to remain and abide in the said suburbs, thereby subtracting themselves from the jurisdiction of the provost and bailies of the said burghs; and also the free craftsmen resident within the said burghs are greatly damnified, seeing they bear a great part of the charges of the burgh, and the advantage of the work that should relieve them is drawn away to the said suburbs, therefore our sovereign lord and whole estates of this present parliament statute, declare and decree that in all time coming there shall be no exercise of crafts in the suburbs adjacent to the said burghs, but that the same shall cease in all times hereafter, and that it shall be permissible to the provost and bailies of the said burghs and their deputes and officers to intromit with all the works that shall be found wrought or in working, whether the materials thereof appertain to the craftsman himself, or to whatsoever other person, and to escheat the same to be applied to the common works of the burgh next adjacent to the said suburbs.
[1592/4/99]*[print] [email] [cite] [preceding] [following]
†The king's majesty and estates of this present parliament, understanding the great hurt that his highness's subjects daily sustain through the transporting and carrying out of the realm of the calf skins, heifer skins and kid skins by merchants and traffickers of this country, so that through the scarcity thereof none can be had for making of parchment, points, strings and other necessaries, and beside a great number of poor craftsmen are laid idle; for remedy whereof in time coming, our sovereign lord, with advice of the said estates, inhibits and discharges all and sundry merchant traffickers and others of his highness's lieges whatsoever of all transporting and carrying out of this realm of the said calf skins, heifer skins and kid skins, packing and peeling thereof in time coming under the pain of confiscation of the same to his majesty's use, commanding his majesty's searchers and customs officers to search and seek the said skins, and in case any be found transporting, to intromit therewith and bring in the same to his highness's use; and ordains letters to be directed for publication hereof in the appropriate form.
[1592/4/100]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and the estates of parliament ratify, approve and confirm the act of parliament made by Queen Mary [of Guise], dowager of this realm, in the month of June 1555, entitled 'Regarding the common passages to burghs', by the which it was statute that all common high gates that free burghs have been in use of proceeding either for passage from their burgh or coming thereto, and in special all common high gates from free dry burghs to the ports and harbours next adjacent or proceeding to them, be observed and kept, and none make impediment or stop therein, and if any do to be called and accused for oppression and punished for that according to the laws, as in the said act at more length is contained; which act, with the whole clauses and conditions thereof, his majesty, with advice foresaid, wills that the same shall be held as expressed therein and to be put to due execution in all time hereafter, with these additions following: that forasmuch as it is sufficiently understood by his majesty that diverse malicious persons, upon deliberate malice, stop and impede public passages pertaining to the free burghs within this realm, namely: to the [sea]† ports which have greatest occasion of traffick, by casting of fosses and building of dykes for blocking up of the said common passages, and will not suffer the inhabitants of the said burghs and others of his highness's lieges and traffickers towards the said sea ports to have or frequent the accustomed passage used of before in transporting of victuals, fuels, provisions, merchandise and others for maintenance of the common negotiation of the country, but compel them to pass a mile or two about to the great hurt and prejudice of the said lieges; therefore his majesty, with advice foresaid, in corroboration of the said former act and to the effect that the same may be put to full execution in time coming, statutes and ordains that none presume or take upon hand hereafter to stop or impede the said public and common passages pertaining to the said free burghs, and namely to the said sea ports, and if any shall happen to do in the contrary, the parties grieved shall have their recourse to the lords of council and session, who shall grant summary letters in their favour upon six days' warning only, to cause and compel the committers of the said oppression to desist and cease therefrom, and to hear and see themselves discerned to have done wrong in stopping of the said passages and to find caution acted in the said lords' books, under such pains as shall be modified to them, never to commit the like wrong by themselves, their men, tenants or servants and others whom they may let, the one half of the said penalty to appertain to his highness, and the other half to the party grieved; and the probation of the said wrong in stopping of the said passages to be received by reputable witnesses only and not by an assize; and the trial thereof to appertain to the said lords of council and all other inferior judges to be discharged from proceeding in the said causes, notwithstanding any statute or constitution whatsoever made regarding molestations in property or commonty, in number whereof his highness wills in no way that the said oppressions and staying of the public passages shall be comprehended; and ordains publication to be made hereof in the appropriate form.
[1592/4/101]*[print] [email] [cite] [preceding] [following]
†Forasmuch as it is heavily complained by the whole burghs of this realm that they, and the whole towns lying upon the sea coast, have been greatly oppressed by the admiral taking a colour upon the new infeftment made to Francis [Stewart], sometime earl of Bothwell, of the said admiralty, in the which infeftment there is a great number of strange clauses, which were never contained in any infeftment given to any admiral of before; for repressing of the which oppression, it is statute and ordained by our sovereign lord and his estates of this present parliament, that the admiral of this realm, and his successors in time coming, exercise nor usurp no jurisdiction, neither yet exact nor crave any kind of duty, escheat nor casualty but according to that which was used to be exercised or taken by the admiral for the time before the decease of King James V of noble memory, notwithstanding any greater speciality contained in any of the said admiral's infeftments bygone or to come.