[1593/4/18]*[print] [email] [cite] [preceding] [following]
The parliament of the most excellent prince James VI, king of Scots, held in Edinburgh on 21 July in the year of the Lord 1593 by our said supreme lord the king, who was himself present, with all the estates of the realm, together with Lord William Keith, marischal depute, William Henderson, constable depute, Robert Fraser, sheriff depute, and James Nisbet, dempster.
[1593/4/19]*[print] [email] [cite] [preceding] [following]
The which day Masters David MacGill [of Cranstoun-Riddel] and John Skene [of Curriehill], advocates to our sovereign lord, for verifying of the said reason contained in the said summons of treason raised against the said Francis [Stewart], sometime earl of Bothwell, produced 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 the year of God 1591, depositions of certain witnesses examined before the said lords of articles in the said matter, the notoriety of the deed libelled and the coming of the defenders in to the palace of Holyroodhouse and Falkland the times libelled, which in matters 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 persons clears not of certain knowledge the persons accused, he finds them guilty, and the common notoriety of this fact and treason libelled and contumacy of the defender is sufficient to make no man clear him, and was content the foresaid process and summons of treason were held concluded and desired the estates to advise the process and to pronounce their sentence of parliament therein according to the said probations and their consciences.
And immediately thereafter the said Masters David MacGill and John Skene, advocates to our sovereign lord, exhibited and produced before the king's majesty and whole estates (likewise they did diverse times of before) the summons of treason underwritten raised and pursued at the instance of our sovereign lord's highness's justice against Francis, sometime earl of Bothwell, whereby he was summoned to compear before our sovereign lord on 3 April 1593 instant, 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, gives greetings to our beloved lyon king of arms, Islay, Albany, Ross, Rothesay, Snowdon, Marchmont, heralds, John Ferguson, Robert Stewart, Alexander Douglas and David Bryson, macers, Ormond, Bute, Unicorn and Carrick, pursuivants, and messengers, and whichever, jointly and severally of our sheriffs specially constituted in that part. We mandate and instruct you to summon lawfully and peremptorily before witnesses Francis, formerly earl of Bothwell, Gilbert Penicuik, John Rutherford of Hunthill, elder, Thomas Rutherford of Hunthill, younger, and Simon Armstrong, younger, of Whitehaugh, as conspirators, perpetrators and concealers of the following crimes of lese-majesty, in person if you are able conveniently to have their personal presence, otherwise at their dwelling places, or by public proclamation at the market crosses of our burghs of Edinburgh, Haddington, Jedburgh and other necessary places where they are or live, outwith our realm or having no fixed abode in the same, at the said market crosses and other necessary places on notice of sixty days, in such a way that a summons of this kind could reasonably reach their ears and notice - that they should compear before us or our justice on 1 July next in our parliament held at Edinburgh on 3 April following, at the time of dealing with cases, with continuation of days, in order to answer to us or our justice in the foresaid parliament, respectively, regarding the following treasonable crimes. First, the said Francis, formerly earl of Bothwell, Gilbert Penicuik, John Rutherford of Hunthill, elder, and Thomas Rutherford of Hunthill, younger, and Simon Armstrong of Whitehaugh and any of them for their treachery, art and part, their planning in their treasonable conspiracy, advice and resolve regarding the horrible crime committed by the foresaid persons against our honourable person and life, on 27 December in the year of the Lord 1591, in the silence of night, in respect of their treasonable invasion of our palace of Holyroodhouse, entering there with the assistance, companionship and company of other murderers, attackers and thieves and presumptuous armed men, fugitives from our laws, and with deliberate will and certain intention to lay hands on our royal person, in order nefariously to end our life or take us with them as a captive; and to this effect the foresaid conspirators went directly to our private chamber or bedroom and nefariously set fire to the doors, and threatened our domestics with the infliction of imminent and violent death, unless they declared where we were, having never made any enquiry of them regarding anyone else except ourselves; besides, they violently broke down with hammers the doors of the inner bedchamber of our dearest queen and wife, and when they realised that they were making no progress, and could not proceed with their unnatural crime and nefarious proposal, not yet satisfied, in their retreat they cruelly and without any mercy killed and strangled our domestics and most familiar servants because of us. Thus, they most manifestly committed the crime of high treason against us, our royal authority and laws. Secondly, the foresaid Francis, formerly earl of Bothwell, Gilbert Penicuik, John Rutherford of Hunthill, elder, and Thomas Rutherford of Hunthill, younger, and Simon Armstrong of Whitehaugh, and any of them, for their treachery, art and part, and their planning in their treasonable conspiracy, advice and resolve regarding the horrible crime committed by the foresaid persons against our honourable person and life, on 28 June in the year of the Lord 1592, in respect of their treasonable invasion of our palace of Falkland within our sheriffdom of Fife when we were staying there at the time, entering there with the assistance and company of murderers, attackers, thieves, declared traitors and presumptuous armed men, fugitives from our laws, and with deliberate will and certain intention to lay hands on our royal person, in order nefariously to end our life or take us with them as a captive; and to this effect the foresaid conspirators with their associates went to the postern gate of our said palace of Falkland, and threw at it iron missiles and bronze devices of this kind and violently attacked that postern, so that when it was burst open they might the more easily enter, and follow through their foresaid conspiracy and the horrible crime which they had embarked upon, thus most manifestly committing the crime of high treason against us, our life, our royal authority and laws, and thus for their treasonable concealment and hiding of the foresaid conspiracy, and for their plotting, resolve and execution thereof. Thirdly, the forementioned John Rutherford, laird of Hunthill, elder, and the laird younger, and Simon Armstrong of Whitehaugh, and any of them, for their treasonable welcome and help offered to the said Francis, formerly earl of Bothwell, and for their treasonable assistance, participation and contact with the foresaid Francis and his accomplices, declared traitors against the laws and statutes of our realm, and that in the months of April, May, June, July, August, September, January, February and March in the year of the Lord 1592 [and 1593], and any of them respectively, at the locations of Hunthill, Jedburgh, Hawick and Liddesdale, thus most manifestly committing the crime of treason against us, our life, royal authority and the laws of our realm, and thus for their treasonable concealment and hiding of their foresaid contact, welcome and help specified above. Fourthly, the foresaid Simon Armstrong, for his treasonable art and part and plotting in striking an adulterated coinage at his house of Royne in Liddesdale in the months of April, May, June, July, August, September, October, November, December, January, February and March and any of them, in the year of the Lord 1591 [and 1592], thus most manifestly committing the crime of high treason against us, our royal authority, and the laws of our kingdom, and also for his concealment and hiding of the same. Accordingly it is decided and declared by us and by the decreet of the three estates of our realm that in respect of the foregoing the forementioned conspirators, or any of them, have incurred the crime of lese-majesty, for sight and hearing; 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, traitors and concealers of the preceding crimes respectively, and any of them, for hearing and seeing, on the basis of the foregoing, 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, moveable and immoveable, 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 compeared on the said day and in the said place, with continuation of days, or not, and that either we or our justice shall proceed in regard to the foregoing, in line with justice. Further, you are to cite etc. to compear before us or our justice 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 said letter, duly executed and endorsed, to its bearer. Also you who served the writs in person are to be on the said day in the said place, in the presence of ourselves or our judge, 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 23 March in the year of the Lord 1592 [1593], and in the twenty-sixth year of our reign.
Here follows the tenor of the executions and endorsements of the said summons of treason upon 26 March the year of God 1593: I, William Porteous, messenger, because the said Francis, sometime earl of Bothwell was fugitive and could not be apprehended personally, having no certain dwelling place, therefore I passed at command of these our sovereign lord's letters under the quarter seal to market cross of Edinburgh, and after three oyes as use is there by open proclamation lawfully summoned, warned and charged Francis, sometime earl of Bothwell, committer of the crimes respectively within specified, to compear in parliament the first day of June next to come, with continuation of days, in the tolbooth of Edinburgh, to the effect within contained after the form and tenor of these letters within written in all points, whereof I affixed a just copy upon the foresaid cross before these witness John Purdie, Ross herald, John Forman, Rothesay herald, John Blindseil, Bute pursuivant, and William Forsyth, messenger, with diverse others; and for the more witnessing to this my endorsement, my signet is affixed. Upon 30 March the year of God foresaid, I, the said William Porteous, messenger, passed at command of these our sovereign lord's letters under the quarter seal to the market cross of Jedburgh, and after three oyes as use is there by open proclamation, lawfully summoned, warned and charged the said Francis, sometime earl of Bothwell, committer of the crimes respectively within specified, to compear in parliament the first day of June next to come, with continuation of days, in the tolbooth of Edinburgh to the effect within contained, after the form and tenor of these letters within written in all points, whereof I affixed a just copy upon the said market cross before these witnesses John Finlayson, post, and George Cunningham, with diverse others; and for the more witnessing to this my endorsement, my signet is affixed. Upon 31 March the year of God foresaid, I, the said William Porteous, messenger, 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 use is, by open proclamation lawfully summoned, warned and charged the said Francis, sometime earl of Bothwell, and affixed a just copy upon the foresaid cross; as also lawfully summoned, warned and charged the said Francis, sometime earl of Bothwell at his dwelling place of Morham, because I could not apprehend him personally, after I had knocked six several times at the gate of his place respectively where he used often to dwell, and affixed a just copy of this within written summons thereupon to compear in parliament day and place within written, with continuation of days, to the effect within contained; this I did after the form and tenor of these letters within written in all points before these witnesses respectively, John Finlayson, post, George Cunningham, with diverse others; and for the more witnessing to this my endorsement, 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 afterwards in Scots, and the said Francis, sometime earl of Bothwell being ofttimes 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 he not compearing to have defended in the said matter and to have answered to the said summons, the said Masters David MacGill and John Skene, advocates to his majesty, desired the said estates' declaration if the reasons of the said summons were relevant against the said Earl of Bothwell, which estates all in one voice found the same relevant against him. Therefore the said advocates of new, for verifying of the said reasons contained in the said summons of treason, produced and repeated the extract of forfeiture led before the justice and his deputes against the said Francis, sometime earl of Bothwell, depositions of the said witnesses, notoriety of the fact and repeated the whole probation repeated by him of before in the said matter this instant day, and desired the said estates of parliament to advise the depositions of the said witnesses and other probation and to pronounce their sentence of parliament therein according to the same probation 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 probation 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 Francis, sometime earl of Bothwell has committed and done open, 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 Francis, sometime earl of Bothwell has committed and incurred the crimes of treason and lese-majesty above-written in manner at length contained in the reasons of the said summons, and therefore decrees and declares all his goods moveable and unmoveable, as well lands as offices and other things whatsoever belonging to him, to be confiscated to our sovereign lord and to remain perpetually with his highness in property in time coming, and his person to underlie the pain of treason and utter punishment appointed by the laws of this realm. And this I give for doom.
[1593/4/20]*[print] [email] [cite] [preceding] [following]
Regarding the summons raised at the instance of James Lindsay of Barcloy, great-grandson and heir by progress to the late John Lindsay of Wauchope, his great-grandfather, and so having good interest and action to reduce the pretended process, sentence and doom of forfeiture underwritten, which was prosecuted and given against the said late John, his great-grandfather, against Master David MacGill of Cranstoun-Riddel, advocate to our sovereign lord, David Seaton of Parbroath, his highness's comptroller, Sir Thomas Lyon of Auldbar, knight, treasurer, Sir Robert Melville of Murdocairnie, knight, treasurer depute, and all others having or pretending to have interest in the action and cause underwritten touching the exhibition and production with them before our said sovereign lord and estates of parliament of the pretended processes, sentence and doom of forfeiture led, given and pronounced against the said late John Lindsay of Wauchope by our said sovereign lord's most noble great-grandfather of worthy memory, James IV, by the grace of God, then king of this realm, and three estates of the same for the time in their parliament held and begun at Edinburgh 3 February the year of God 1505 [1506]; whereby it was warded, found, delivered and for doom by act of the said parliament pronounced that the said late John Lindsay had committed and done treason against our said sovereign lord's late most noble great-grandfather and his realm in the alleged treasonable accessory of the slaughter of the late Bartholomew Glendinning, sheriff in that part, executing letters of poinding at the instance of the late Margaret [...], mother in law to the said late John Lindsay, and for certain other pretended crimes of treason and lese-majesty; and therefore adjudging and by doom foresaid pronounced the said late John Lindsay of Wauchope to have forfeited to our sovereign lord's late dearest great-grandfather his life, his lands, goods, offices and all other his possessions whatsoever he had within this realm, ever more to remain with our said sovereign lord's late most noble great-grandfather, his heirs and successors, as in the said pretended sentence and doom of forfeiture at more length is contained; together with the pretended letters of summons allegedly executed against the said late John Lindsay of Wauchope, to have compeared personally before our said sovereign lord's late most noble great-grandfather or his justice in his parliament above-mentioned on 3 October then next to come, with continuation of days, to answer to our said sovereign lord's late most noble great-grandfather, or to his justice foresaid, upon the alleged treasonable crimes above-rehearsed, as at more length is contained in the said summons raised thereupon of the date at Linlithgow 20 June and of our said sovereign lord's grandfather's reign the 17th year, or of whatsoever other date or dates the same before-named sentence and doom of forfeiture or summons above-mentioned whereupon the same proceeded be, together with the executions and endorsements of the said pretended summons used and allegedly executed upon the said late John Lindsay to the effect above-written; and likewise all and sundry writs and depositions of witnesses and other probations, if any was used and produced in the said process, against the said late John for proving of the points of the said summons and pretended crimes foresaid therein contained whereupon the said pretended sentence and doom proceeded, to have been seen and considered by our said sovereign lord and the said estates of this realm in the parliament above-mentioned to be held as said is, and to hear and see the same pretended processes, sentence and doom of forfeiture above-specified retreated, rescinded, reduced, made void and annulled, decreed and declared by decreet of the said parliament to have been from the beginning and likewise to be in all time coming null and of no value, force, strength nor effect with all that has followed or may follow thereupon; and to hear and see the said James Lindsay now of Barcloy, great-grandson and heir to the said late John Lindsay, his great-grandfather, restored, decreed and declared by decreet of the said parliament to have been from the beginning and likewise to be in all times coming be restored and reintegrated for him, his heirs and successors in its entirety against the said pretended processes, sentence and doom of forfeiture, and their honour, loyalty of blood, fame, state and estimation whereby they may hold, enjoy and possess all lands, heritages, rents, goods, offices and possessions whatsoever pertaining or that may pertain to the said James Lindsay or his foresaids or which pertained of before to the said late John Lindsay of Wauchope or his predecessors likewise as freely, peaceably and in the same manner as if the said pretended process, sentence and doom of forfeiture had never been led, given nor pronounced.
Follows the tenor of the execution and endorsements of the said summons upon 17 March the year of God 1592 [1593]: I, Adam Lindsay, one of the sheriffs in that part within constitute, passed at command of these our sovereign lord's letters and lawfully summoned, warned and charged Master David MacGill of Cranstoun-Riddel, advocate to our sovereign lord, at his dwelling place in Edinburgh in the Cowgate, Sir Thomas Lyon of Auldbar, knight, treasurer to our said sovereign lord, at his dwelling place in Edinburgh in Gilbert MacQuhirrie's lodging, David Seaton of Parbroath, comptroller to our said sovereign lord, at his dwelling place in Edinburgh in the lodging above the Nether [Bow] on the south side of the high street thereof, and Sir Robert Melville of Murdocairnie, knight, treasurer depute to our said sovereign lord, at his dwelling place in Edinburgh in James Adamson's house, because I could not apprehend them personally; and after I had knocked six sundry knocks with the mair at the gates of their said dwelling houses respectively and could not get entry, I affixed and left a copy of these within written letters upon the gates of every one of their said dwelling houses respectively foresaid to compear before the estates of this realm in the parliament to be held day and place within contained in the hour of cause, with continuation of days, bringing with them the pretended processes and doom of forfeiture within rehearsed to answer at the instance of the complainer within named for the cause within mentioned, and made intimation as is within specified after the form and tenor of the said letters in all points; and this I did before these witnesses, John Baillie, John Arnott and William Lauder, with diverse others; and for the more verification hereof, my signet is affixed. Upon 26 March the year of God 1593, I, John Hutton, messenger, one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters to the market cross of the burgh of Dumfries, which is the head burgh of the shire, and by open proclamation thereat and by reading of the letters within written lawfully summoned, warned and charged all and sundry persons having or pretending to have interest in the action and cause underwritten to compear before the estates of this realm in the parliament to be held day and place within contained in the hour of cause, with continuation of days, bringing with them the pretended processes and doom of forfeiture within rehearsed, and to answer at the instance of the complainer within named for the cause and to the effect within mentioned, and made intimation as is within rehearsed after the form and tenor of the said letters in all points; of the which letters I affixed and left a copy upon the said market cross, and this I did before these witnesses, Donald Richie in Traquair and John Edgar there; and for the more verification hereof, my signet is affixed. Upon 31 March the year of God 1593, I, Ninian Weir, messenger, one of the sheriffs in that part within constitute, passed at command of our sovereign lord's letters to the market cross of the burgh of Edinburgh, which is the head burgh of the shire, and there by open proclamation thereat and by reading of the said letters lawfully summoned, warned and charged all and sundry persons having and pretending to have interest in the action and cause within specified to compear before the estates of this realm in the parliament to be held day and place within contained in the hour of cause, with continuation of days, bringing with them the pretended process and doom of forfeiture within rehearsed, and to answer at the instance of the complainer within named for the cause and to the effect within mentioned; and made intimation, as is within rehearsed, after the form and tenor of the said letters in all points; of the which letters I affixed and left a copy upon the said market cross, and this I did before these witnesses, Robert Liddell and Richie Kirk, with diverse others; and for the more verification hereof, my signet is affixed, as at more length is contained in the said principal summons and executions thereof. Which executions and endorsements were presently verified in face of parliament by the officers, executors thereof, and witnesses inserted therein. The said James Lindsay now of Barcloy, being properly present with Master William Oliphant, his prolocutor, and the said Master David MacGill, advocate to our sovereign lord, David Seaton of Parbroath, comptroller, his highness's treasurer, and all others having or pretending to have interest in the said matter, being all lawfully summoned to this action, ofttimes called and not compeared, the foresaid party compearing, rights, reasons, allegations with the foresaid sentence and doom of forfeiture led and pronounced against the said late John Lindsay of Wauchope of the date above-written, with certain instruments of sasine, retours, other writs and probations produced for the part of the said James Lindsay now of Barcloy, for proving of his reason of reduction after-specified, heard, seen, understood and his highness and estates of parliament therewith being ripely advised, the king's majesty and estates of parliament retreat, rescind, reduce, makes void and annul the foresaid process, sentence and doom of forfeiture led, given and pronounced against the said late John Lindsay of Wauchope by our said sovereign lord's most noble great-grandfather King James IV and estates of parliament for the time held at Edinburgh 3 February the year of God 1505 [1506]; and decrees and declares the said process, sentence and doom of forfeiture to have been from the beginning and likewise to be in all time coming null and of no value, force, strength nor effect with all that has followed or may follow thereupon; and decrees and declares by decreet of this present parliament the said James Lindsay now of Barcloy, great-grandson and heir to the said late John Lindsay, his great-grandfather, to be restored and reintegrates him, his heirs and successors in its entirety against the said pretended process, sentence and doom of forfeiture, and presently restores them to their honour, loyalty of blood, fame, state and estimation, whereby they may hold, enjoy and possess all lands, heritages, rents, goods, offices and possessions whatsoever pertaining or that may pertain to the said James Lindsay and his foresaids, or which pertained of before to the said late John Lindsay of Wauchope or his predecessors, likewise as freely, peaceably and in the same manner as if the said pretended process, sentence and doom of forfeiture had never been led, given nor pronounced, because the said John Lindsay, sometime of Wauchope, was never lawfully summoned to have compeared in our said sovereign lord's most noble great-grandfather parliament held at the time above-specified to have answered upon the pretended crimes of treason above-written, neither personally nor at his dwelling place for the time, according to the special charge and command contained in the said summons and as was necessarily required both of the law and practice of this realm, but only was summoned at the market cross of the burgh of Dumfries without any affixing of a copy of the said pretended summons, as was necessarily requisite in all such kinds of citations. Neither is there any mention or report made in the endorsement of the said pretended summons nor yet was otherwise warded in the said parliament that there was any lawful cause or impediment why the executor of the same summons could not at that time have sure access to the personal presence of the said late John Lindsay or else to his dwelling place for the time, as was expressly commanded and directed in the command of the forenamed summons given to the same executor thereof; and so he put not the said summons to due execution upon the said late John according to the command and direction therein contained and according to the common law and daily practice of this realm inviolably observed in the execution of all such summons continually in all times bypast. Through which it appears in no way nor can be evident that the said late John Lindsay was lawfully summoned to the effect above-written, nor that the summons could come probably to his knowledge, without the which manner of lawful citation no sentence nor doom of forfeiture could have been lawfully or justly given against him in manner and upon the pretended crimes above-specified. And if he had been lawfully summoned to that effect through which the same might have come to his knowledge, then he would have compeared, stated a defence and objected, likewise the said James Lindsay, his great-grandson and heir by progress, now representing his person, has sufficient interest and place to proceed and use the defences underwritten against the said pretended summons, sentence and doom of forfeiture following thereupon, which would have been sufficient to have annulled the said pretended summons of treason and whole contents thereof and to have stopped any such sentence or doom to have followed thereupon if the same had been proposed in due time before the giving thereof. And consequently the same being given for null defence and non-comperance of the said late John Lindsay, are now competent to the said pursuer, and are sufficient reasons and causes to rescind, reduce and annul the said pretended summons, sentence and doom of forfeiture above-mentioned, namely: there was no crime of treason nor lese-majesty contained in the summons above-rehearsed that of the law and practice of this realm might justly infer the forfeiture and loss of the said late John Lindsay's life, lands, goods, offices and possessions, for as to the alleged slaughter of the late Bartholomew Glendinning, officer and sheriff in that part, and of the late Simon Glendinning, his brother, in the execution of their office of a sheriff in that part, albeit that crime by itself was weighty and deserved to have been punished by the death of the committer thereof and confiscation of his moveable goods, nevertheless it was not sufficient by itself to have induced a crime, penalty and doom of treason or lese-majesty, nor yet by the common law, civil or municipal laws the slaughter of an officer, sheriff in that part, in the execution of his office might nor could have inferred forfeiture of lands and heritage; neither could the convocation of our said sovereign lord's most noble grandfather's lieges to that effect be esteemed or adjudged a crime of treason or lese-majesty. And as to the other pretended crimes specified in the said summons and pretended doom of forfeiture, such as the alleged making of leagues and bonds with the lieges and subjects of this realm against our said sovereign lord's late most noble great-grandfather and his realm for the time, and allegedly committing upon his true lieges depredations, robberies, spuilzies, harrying and raising of fire in treasonable manner, and the alleged invading of this realm by way of arms and battle, the most part of the said crimes, albeit they had been relevantly and specially libelled, as they are not yet of their own nature, they are not treason, and none of them was relevantly and specially qualified, neither designing with what persons in particular, at what time or times, in what place, against whom in special and for what particular and special cause the said pretended leagues and bonds were allegedly made, nor against what persons in special, at what time or times and in what place or places the said pretended depredations, robberies, spuilzies and fire-raising were allegedly done committed by the said late John Lindsay, nor yet with whom, how and in what place or places the said pretended invasion was likewise done or committed by the said late John. Without specification and qualification of the which necessary circumstances in particular, no summons nor indictment of treason nor no other criminal accusations could stand nor be sufficient, but was altogether general and inept. And albeit all the said pretended crimes of treason and lese-majesty had been relevantly and specially qualified, as is above-designed, nevertheless before any lawful sentence or doom of forfeiture might or could justly have been given thereupon, and before the said late John Lindsay ought or could have been through this justly condemned of treason or lese-majesty before everything, the execution and endorsements of the said pretended summons and indictment therein contained according to the common law and practice of this realm all times observed in such cases ought and should have been, as was not, sufficiently verified and proven by the officer and sheriff in that part there immediately, and by the persons whom he took witness at the time of the alleged citations and summoning of the said late John Lindsay, and the said sheriff and his witnesses ought to have been solemnly sworn that he executed the said pretended summons the days and in manner respectively contained in the pretended endorsements thereof; and that the said witnesses stood beside, heard and saw the same executed and publicly proclaimed according to the said endorsements and were taken witnesses, which was not done. And likewise the said pretended summons and execution, with the committing of the alleged crimes above-mentioned contained therein, ought and should have been sufficiently verified and proven against him either by witness, writs or else some other lawful mark of probation and trial, which was in no way done in the said pretended process, whereupon the said pretended process and doom of forfeiture proceeded before the giving or pronouncing thereof. But true it is there was no witness produced, sworn nor examined nor no other lawful kind of probation or sufficient trial used nor prosecuted against the said late John Lindsay upon the said pretended summons, indictment and crimes above-expressed for proving thereof that might justly have induced the said sentence and doom of forfeiture to have followed and been pronounced against him. And consequently, the same was wrongfully, rashly and evilly given and pronounced against the order and form of the laws and practice of the realm in all times bygone observed in such cases, and therefore the said pretended sentence and doom of forfeiture ought and should be reduced, retreated, rescinded, made void and annulled and decreed and declared by decreet of our said sovereign lord and his highness's parliament to have been from the beginning and likewise to be in all time coming null and of no value, force nor effect with all that has followed or may follow thereupon; and the said James Lindsay now of Barcloy, great-grandson and heir by progress to his said late great-grandfather, for him, his heirs and successors and assignees, ought and should be restored by decreet foresaid in its entirety against the said pretended sentence and doom to their honour, loyalty of blood, fame, state and estimation whereby they may hold and possess all and sundry their lands, rents, heritage, goods, gear and offices pertaining or that may lawfully pertain to him or them or which pertained of before to the said late John Lindsay of Wauchope, his great-grandfather, likewise in all respects as if the said pretended sentence and doom of forfeiture had never been given. Which reason of reduction being found relevant by the king's majesty and estates of this present parliament, the same was referred to the said pursuer's probation, who presently verified the same reason by production of the foresaid process, sentence and doom of forfeiture, certain sasines, other writs and probation sufficiently likewise as was clearly understood to the said estates of parliament, and therefore they gave their decreet in manner before-specified, and ordain letters to be direct to make publication at all places needful of this present decreet of parliament in the appropriate form.
[1593/4/21]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament statute, declare and ordain that whatsoever gift of escheat, liferent or forfeiture of [William],† earl of Angus, George, earl of Huntly, Francis, earl of Erroll, Sir Patrick Gordon of Auchindoun, knight, and other persons specified in the summons of treason depending against them before this present parliament shall happen to fall and become in his majesty's hands and at his disposition through sentence of forfeiture to be pronounced contrary against them or through any other their rebellion and abiding at his highness's horn proceeding upon causes of treason, the same to be granted and conveyed by his majesty, with advice of seven of his ordinary council sitting in judgement, to the effect the utility and profit of their said escheats, liferents or forfeitures may be wholly applied to his highness's proper use, and in any way by inopportune suits or indirect means conveyed and converted to the utility of their wives, bairns, friends or others whatsoever. And in case any of their said escheats shall happen to be granted and conveyed otherwise than by the order before subscribed, decrees and declares the same to be null and of no value, force nor effect, and the nullity to be received as well by way of exception as action.
[1593/4/22]*[print] [email] [cite] [preceding] [following]
The king's majesty and estates of this present parliament find, decree and declare that the whole persons summoned in this present parliament to be forfeited for the slaughter of the late James, earl of Moray within his place of Donibristle (notwithstanding the inconvenient relaxation used and produced by his highness's advocate), to the effect they might have compeared and stand in judgement in defence against the said summons of forfeiture, shall incur and fall in the danger of the loss of their liferents as being a year and a day at the horn from the first time of their denunciation for committing of the said slaughter likewise and in the same manner as if the foresaid relaxation had never been granted, executed nor intervened, to the effect that the gifts of escheat and liferent of the foresaid rebels already conveyed or to be conveyed to the said late Earl of Moray's bairns, brother and sisters may have and take full effect and be converted to their particular benefit and commodity, without prejudice always of such persons contained in the said summons of forfeiture as have obtained special remissions of the foresaid crime, and of William Gordon of Auchindoir, whom the king's majesty has ordained to be deleted out of the said summons of treason according to a special warrant given by his majesty to that effect; as also without prejudice of the gifts of escheats and liferent already conveyed by his majesty of the foresaid persons contained in the said summon of forfeiture, or any of them, to Sir George Home of Spott, knight, and John Livingstone of Dunipace, younger.
[1593/4/23]*[print] [email] [cite] [preceding] [following]
The which day in presence of our sovereign lord and estates of this present parliament compeared personally Master John Skene [of Curriehill], advocate to our sovereign lord, and produced a writing subscribed by his majesty, of the which the tenor follows: Rex, Master David MacGill [of Cranstoun-Riddel] and Master John Skene, our ordinary advocates, we greet you well. Forasmuch as we understand by very credible narration made to us that William Gordon of Auchindoir is altogether innocent of the crimes for which he is accused to be forfeited in this our parliament contained in the summons of treason, directed forth against him and certain others relating thereto, therefore it is our will and we expressly command you and either of you that with all goodly diligence you obliterate and delete the said William Gordon's name and surname with his style out of the said summons and executions thereof, so that no kind of process be led against him at the said parliament for any crime contained therein, and this act shall be a sufficient warrant to you. Subscribed with our hand at Holyroodhouse 16 July and of our reign the 26th year 1593. It is thus subscribed, James Rex. According to the which writing and for obedience of the same, the said Master John Skene, as advocate to our sovereign lord and in his highness's presence and estates foresaid, desired the clerk register and his deputes to delete the said William Gordon out of the summons of treason and lese-majesty pursued by his highness against the said William Gordon of Auchindoir and certain his accomplices, for the alleged art, part, counsel and assistance in the burning of the house and place of Donibristle committed upon 7 February 1591 [1592] and cruel murdering and slaying of James [Stewart], earl of Moray therein; who, at command of his highness's letter presently in judgement, obliterated and deleted the said William Gordon of Auchindoir's name, surname and style out of the body of the said summons of treason and executions thereof, whereupon Master John Dempster, advocate, in name and on behalf of the said William Gordon, asked instruments.
[1593/4/24]*[print] [email] [cite] [preceding] [following]
The which day, in presence of the king's majesty and estates of this present parliament, compeared John Leslie of Balquhain and produced the offers underwritten for the part of William [Douglas], earl of Angus, George [Gordon], earl of Huntly, Francis [Hay], earl of Erroll, Sir Patrick Gordon of Auchindoun, knight, and Sir James Chisholm of Dundurn, knight, persons accused and suspected of the crimes of lese-majesty, of the which offers the tenor follows: In the first, forasmuch as the said persons are indicted and accused of lese-majesty for consulting and concluding for the inbringing of strangers and subversion of the religion at length contained in their summons of forfeiture, if it will please your majesty and estates to select and choose certain others of your majesty's council or parliament to entreat and commune either with the said persons themselves or their friends, they shall not only declare and make notified their innocence and show their goodwill and obedience to your majesty and country, but also they never meant nor attempted neither directly nor indirectly contrary to your majesty's person, state of the country nor religion publicly professed therein. Item, after the trial of their innocence, to take away all occasion of suspicion, the said persons offers for continuance of their dutiful service to your majesty in time coming that they shall never traffick nor hold intelligence with any foreign nation or prince, in hurt or prejudice of your majesty's person, estate, commonwealth and religion, but to follow your majesty in all time coming as your most obedient and humble subjects against whatsoever your majesty's enemies, and this security to be made in such sufficient form as shall be thought expedient. Item, your majesty being satisfied, for removing of all kind of slander and evil conceived opinion by the kirk against the said persons, they are content, after communing had with certain ministry to be depute by your majesty and kirk to that effect, in case they after reasoning may be thoroughly resolved not only to satisfy the kirk for any slander, but also concerning the whole heads and articles of religion; otherwise, if they cannot be thoroughly resolved, they are content to depart out of the country, there to remain during your majesty's pleasure, or until they satisfy the kirk in the premises; and to that effect, and in case foresaid, most humbly craves your majesty's licence. And in the meantime, for your majesty's and kirk's better satisfaction, the said persons shall remove out of their company all suspect persons of religion. Which being read, heard and considered by the said estates, and they therewith being advised, the foresaid estates, for their advice to his majesty relating thereto, finds it fit and expedient in case the said noblemen and others foresaid conform not themselves to his majesty and his laws presently established within this country regarding the religion professed within the same, that his highness grant them licence upon their humble suit to be made to that effect to pass out of the country upon such conditions and to such unsuspected places as his highness and his council shall prescribe and appoint. And in case they will neither conform themselves as said is to his highness and to the religion presently professed, neither yet will pass out of the country according to the directions to be given to them, that his majesty and his said council take order therewith as they think most fit for quieting of the country and estate of religion. And in the meantime, that they remain under the process and summons of forfeiture executed against them in this present parliament until further probation may be had and received of the crimes of treason and lese-majesty libelled against them therein.†
[1593/4/25]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, ratifies and approves the acts made regarding the discharging of fairs and markets held on Sundays; and because the same acts in many respects are in no way observed in landward, therefore his majesty, with advice foresaid, expressly commands and charges all sheriffs, stewarts, bailies, provosts and bailies of burghs, and all others whom it shall please every particular presbytery to nominate within their own bounds to that effect, to discharge, remove and put away all fairs and markets held on Sundays as they will answer to his majesty; and in case they be found negligent, ordains letters of horning upon a simple charge of 10 days to be directed to charge them thereto at the instance of the said presbytery.
[1593/4/26]*[print] [email] [cite] [preceding] [following]
Forasmuch as the king's majesty, with advice of his estates in parliament, has confirmed and established the jurisdiction and judicatories of the kirk in the general and synodal assemblies, presbyteries and particular sessions of every kirk and parish, willing and ordaining their sentences and decreets in matters pertaining to their judicature to be put into execution and take full effect; and it is of verity that a number of obstinate and stubborn people in diverse parishes of this land have contemned and daily contemns the sentences and decreets of the said assemblies and judicatories of the kirk, namely in landward parishes where there is little or no concurrence of magistrates to punish obstinate and disobedient persons; and the said kirk having no other punishment in their hands but spiritual, the which the said obstinate people (being altogether fleshly and beastly) feels not nor sets nothing by; therefore our sovereign lord, with advice of his said estates, for remedy hereof, has statute and ordained that in case any of his subjects within this realm refuse to obey the ordinances and decreets of the said assemblies and judicatories of the kirk in any time to come, the said assemblies and judicatories shall direct their beadle to the person or persons disobedient, charging and commanding them in the name of God and the king to obey their decreet and ordinance; the which charge if the said person or persons contemns and remains obstinate, the minister of the parish where the said person or persons remains still three several Sundays from pulpit, charge and command the said person or persons in the name of God and the king to obey the same ordinance and decreet. And in case notwithstanding all the said charges the said person or persons remains still obstinate and rebellious, then shall the said assembly or judicature which has made the said ordinance and decreet submit the matter by their supplication to the lords of session, containing the substance of the process, the sentence and decreet pronounced against the said person or persons with a complaint of their contempt and disobedience, whereupon the party complained on being first cited and heard to propose their lawful defences in case they compear, and if they compear not on account of contumacy, the said lords of session or secret council shall give out letters to put the said person or persons to the horn within 10 days next after the charge in case of disobedience and continuing in their former contempt and rebellion.
[1593/4/27]*[print] [email] [cite] [preceding] [following]
Item, where there has been no glebe of old or where has been some of old yet it be far within the quantity of four acres of land, that the designation to be made of the parson, vicar, abbot or prioresses' lands, and failing thereof, out of the bishops' lands, friars' lands or any other kirkland lying within the bounds of the said parish until four acres of land be complete. Item, that the said glebes be designed with freedom of foggage, pasturage, fuel, fail, divot, loaning, free egress and access and all other privileges and rights according to use and want of old.
[1593/4/28]*[print] [email] [cite] [preceding] [following]
Forasmuch as sundry ministers who have been in long possession of their stipends by virtue of their assignations are troubled by pensioners or tacksmen who have taken in tack, gift or pension either their whole stipends or one great part thereof, and have obtained ratification in parliament thereupon, therefore our sovereign lord, with advice of the estates of this present parliament, ordains that all ministers' stipends in time coming be free from all tacks, pensions, taxations or impositions whatsoever, notwithstanding of any gift or disposition made in the contrary, to the effect that the ministers may possess their stipends peaceably in all time coming without any trouble according to their assignations.
[1593/4/29]*[print] [email] [cite] [preceding] [following]
Forasmuch as the ministers serving the cure within this realm being lawfully provided to parsonages and vicarages annexed and pertaining of before to prelacies have been this time bygone frustrated of the rents and fruits of the same, notwithstanding their lawful provisions and assignations thereto, for remedy whereof, and to the effect that the whole persons serving the cure of ministry within this realm may peaceably hold and possess their benefices of parsonages and vicarages of their own kirks, fruits, rents and emoluments thereof in all time coming according to their provision and assignation of the same, to remain with them and their successors serving the cure as said is, it is statute and ordained that all gifts, provisions and assignations conveyed to the ministers serving the cure of the parsonages, vicarages and kirks thereof is and shall be now and in all time coming valid and sufficient rights and titles to them and every one of them for holding, enjoying and possessing of the same and intromitting with the fruits, rents and duties thereof in time coming, ratifying and approving the same notwithstanding whatsoever act or constitution made in the contrary; without prejudice always of whatsoever particular parties' rights and especially the queen's majesty's kirks of Dunfermline.
[1593/4/30]*[print] [email] [cite] [preceding] [following]
It is statute and ordained that in case in time coming any person or persons say mass, or harbour and entertain willingly by the space of three nights together, or three nights at several times, excommunicated Jesuits or trafficking papists against the king's majesty and religion presently professed and established within this realm, the same being duly and lawfully tried, shall verify and infer the deed to have been of the knowledge and goodwill of the person or persons accused; therefore, who being convict of the premises, or any of them, their escheat for the first fault shall fall and become in his majesty's hands and shall be intromitted with to his highness's proper use; and being convict thereof the second time, shall lose their liferent of whatsoever their lands, possessions, other goods and gear; and being accused and convicted thereof the third time, shall incur the pain of treason, and the process and doom of forfeiture shall be orderly led, pronounced and executed against them with all rigour.
[1593/4/31]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, having consideration how that the ministers provided to ecclesiastical functions and living of the kirk and serving the cure thereat have been and may be in time coming heavily prejudiced in their said ecclesiastical livings and rents thereof by special acts and constitutions made in favour of certain particular persons, for remedy thereof in time coming, have statute and ordained that whatsoever act or constitution of parliament in time coming after the date hereof be made in favour of any particular person whereby the provision of any minister's livings may be taken away, or in any way prejudiced, directly or indirectly in their said provisions, rents and profits thereof, or any part of the same, that the same shall be in all time coming null and of no value, force nor effect, unless the said ministers be called upon, their provision and the same in whole or in part reduced before the judge ordinary.
[1593/4/32]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his estates in this present parliament, considering that by the alteration of the value of current money in this and sundry countries of late years the ancient pains and unlaws of lawborrows, or for not again bringing of letters or for non-compearance before the justice or his deputes at particular diets to underlie the law for slaughters and other odious crimes, has been so small as they have not given any terror to wicked men to offend this long time bygone; and where the smallness of the said pains and unlaws has moved his majesty ofttimes to call the persons complained upon before his highness and his secret council to answer to the complaint, to the effect that surety might be received under greater pains than the common accustomed of before, that the persons complained upon should be made answerable to justice, which form has not taken so good effect as was hoped for, but sometime has been the occasion of double convocation and tumults within the burgh of Edinburgh, being the seat of justice, and has moved the privy council ofttimes to be occupied with that, which properly pertained to the judgement and jurisdiction of the lords of council and session and justice general. For remedy whereof, his highness and the said estates statute and ordain that in time coming the pains and unlaws of lawborrows, or for not again bringing of letters to the justice clerk and his deputes, or for non-compearance before the justice after surety found, shall be for every earl or lord £2,000, for every great baron £1,000, for every freeholder 1,000 merks, for every feuar 500 merks, for every gentleman unlanded 200 merks, and for every yeoman man 100 merks, for each person summoned to pass upon assizes before the justice 100 merks; and that the justice clerk and his deputes receive surety according to the said pains in time coming, and no other way, as they will answer upon the duty and execution of their offices; and the said pains of lawborrows to be divided equally between the king and the party offended to according to the act made thereupon of before, and that the penalty of all persons arrested and not compearing at the first justice ayre over all the realm in time coming shall be £20.
[1593/4/33]*[print] [email] [cite] [preceding] [following]
It is statute and ordained by our sovereign lord and his estates in this present parliament that after the death of the present possessors of the prelacies and other benefices within this realm, the annualrents paid thereto out of the burgh mails, customs and other rents of the property to remain with his highness and his successors as a part of the patrimony of the crown; and none that shall happen to be provided in title to the said prelacies, or other inferior benefices, shall have right or action to crave or recover the same annualrents, notwithstanding their provisions general or special whatsoever, without prejudice always of the hospitals and colleges within universities and schools within this realm.
[1593/4/34]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in this present parliament, statutes and ordains that all customs officers and searchers shall compear yearly in the ordinary time of the exchequer and make faith that they have done their duty truly in their offices the year preceding; and if any shall be tried to have done in the contrary by suffering and over-looking of forbidden goods or unaccustomed goods to be transported, either before the justice or his deputes or auditors of the exchequer, that the offender thereby incur the pain of deprivation from their offices and escheating of all their moveable goods.
[1593/4/35]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the acts of his highness's parliaments made of before against the granting of remissions and respites to the committers of murders, slaughters and other odious crimes mentioned therein where there is not sufficient letter of slains† shown; and ordain the said acts to have full effect and to be observed by his highness and his deputes during the whole space mentioned therein, and that no respite or remission be admitted in judgement hereafter, except the same be constituted by the treasurer, subscribed by him, and at least passed his register.
[1593/4/36]*[print] [email] [cite] [preceding] [following]
Forasmuch as in the act of the parliament held at Edinburgh, 5 June the year of God 1592, in favour of the vassals of them that are forfeited, being in no way culpable of the crimes for which their superiors should be forfeited, having lands, heritage, annualrents, liferents, pensions and portions whatsoever held of any persons called and forfeited in the said parliament, or that should happen in any time thereafter to be forfeited for whatsoever crimes of treason and lese-majesty, should hold and enjoy the said lands, heritage, annualrents, liferents, pensions or portions whatsoever notwithstanding the forfeiting of their superiors thereof; and shall hold the same of the next superior immediately, otherwise the same to be null. Which act our sovereign lord, with advice of his estates in parliament, declares shall not extend in the favour of any conjunct persons to the said persons forfeited or to be forfeited, that is to say to their wives, bairns, brother or sisters.
[1593/4/37]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, ratifies and approves the act made in the parliament held at Edinburgh, 5 June the year of God 1592 regarding the setting of infeftments of his majesty's property; and decrees and declares whatsoever infeftments to be set in time coming of the same without the comptroller's consent, his subscription and passing of his register to be null and of no value.
[1593/4/38]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament considering how his highness has been greatly circumvented in granting of new infeftments to sundry persons of their lands, including therewith by their inopportune suit the advocation, donation and right of patronage of diverse kirks and benefices which never pertained to them of before but to his majesty's presentation, specially where the persons provided thereto are yet alive and the right of the patronage of their benefice purchased and taken during their lifetime without their consent or knowledge, tending thereby to appropriate the fruits of the said benefices when so many shall become vacant to their particular uses, not only to the great hurt of his highness and prejudice of the kirk, whereby all convenient occasion is abstracted from his highness to gratify qualified persons who have travelled and are able to serve the function of the ministry and preaching of the evangel, but also to the great hazard and danger of the persons provided to the said benefices yet alive; for remedy whereof, our sovereign lord and estates foresaid have statute and ordained and by the tenor hereof decrees and declares all such infeftments granted in times bygone, or to be granted in times coming by his highness containing the gift and disposition of the right of any patronage, advocation and donation of benefice which pertained of before to his highness's gift and presentation whereof the beneficed person was for the time or shall happen to be alive the time of the granting of the said infeftment and their consent not had and obtained thereto, has been from the beginning and shall be in all time coming null and of no value, force nor effect so far as concerns the disposition of the right of the patronage of the said kirks except further process or declarator of any judge to be given thereupon; and the said advocation, donation and right of patronage of the said benefices to return to his highness and at his highness's disposition and presentation freely as the same was before the granting of this said infeftment and as if the said infeftments had never been granted, without prejudice always of the said infeftments regarding the remaining lands therein contained, which shall remain in the own strength and effect, and this nullity to be received summarily by way of exception, reply or objection, discharging all judges within this realm to grant any process upon the right of the said patronage by virtue of the said infeftments, but to hold the same as not expressed therein, providing that so soon as the beneficed man's own consent may be had and obtained to the said infeftments, the same to be as sufficient and effectual as if their consent had been obtained thereto from the beginning, reserving always to the king's majesty liberty to except such out of this act as he shall deliver to the clerk register within eight days after the date hereof. According to the which reservation, his majesty excepted from the said act the infeftments granted by his highness to the persons after-following containing advocation, donation and right of patronage of the kirks, benefices and chaplainries after-specified, that is to say to Walter [Stewart], prior of Blantyre, keeper of the privy seal in favour and to the benefit of Ludovic [Stewart], duke of Lennox, earl of Darnley, lord Tarbolton, Methven and d'Aubigny, the advocation, donation and right of patronage of all and sundry kirks, parsonages and vicarages belonging and pertaining to the archbishopric of Glasgow; as also the advocation, donation and right of patronage of all and sundry kirks, parsonages and vicarages belonging and pertaining to the archbishopric and priory of St Andrews given, granted and conveyed by his majesty to his dearest cousin Ludovic, duke of Lennox etc., his heirs and assignees mentioned in the infeftment made to him thereupon; to John [Stewart], lord Innermeath of the advocation and donation of the parish kirk of Muckersie; to Andrew [Stewart], lord Stewart of Ochiltree of the infeftment of the lands of Ochiltree and Earlston, with the advocation and donation of the parsonages and vicarages therein contained; to John [Maitland], lord Thirlestane, chancellor of this realm, of the infeftments of the lordship of Dunbar, the baronies of Eddleston and Stobo, with the advocation and donation of the benefices, chaplainries and others contained in the infeftments granted by his highness to the said lord chancellor thereupon; to the late James [Sinclair], master of Sinclair and his heirs of the advocation and donation of the parsonage and vicarage of Dysart; to Alexander [Lindsay], lord Spynie of the lands, lordship and barony of Spynie, with the advocation, donation and right of patronage of the kirks, parsonages, vicarages and chaplainries therein contained; to Sir Robert Melville of Murdocairnie, knight, treasurer depute, of the advocation, donation and right of patronage of the kirk of Monimail, parsonage and vicarage thereof; to Sir John Cockburn of Ormiston, knight, justice clerk, the right of the patronage of the parish kirk of Ormiston, now annexed to the barony of Ormiston; to Sir William Keith of Delny, knight, of the lands and barony of Delny, with the advocation, donation and right of patronage of the kirks, parsonages, vicarages and chaplainries therein contained; to John Livingstone, younger, of Dunipace of the lands and barony of Craigs, with the advocation and donation of the right of patronage of the kirks of Stracathro, Buttergill and Kilmoir; to Sir Patrick Vans of Barnbarroch, knight, of the lands and barony of Barnbarroch, lying within the sheriffdom of Wigtown, with the advocation, donation and right of patronage of the kirks of Kirkinner, Kirkcowan, Cammanell and Wigtown; to Master David MacGill of Cranstoun-Riddel, advocate to our sovereign lord, in liferent, and to Master David MacGill, younger, of the lands and barony of Cranstoun-Riddel, with annex, connex thereof, lying within the sheriffdom of Edinburgh and constabulary of Haddington, with advocation, donation and right of patronage of the parsonage and vicarage of the same; to John Stewart, sheriff of Bute, of the advocation, donation and right of patronage of the parsonage and vicarage of Rothesay; to Sir Walter Ogilvie of Findlater, knight, of the advocation, donation and right of patronage of the parish kirk of Fordyce and pendicles thereof; to Sir David Lindsay of Edzell, knight, of the advocation, donation and right of patronage of the parish kirks of Edzell, Ferne and Newdosk; to John Hay of Urie of the advocation, donation and right of patronage of the parish kirk of Crimond; to Alexander Fraser of Philorth of the advocation and right of patronage of the kirks of Tyrie and Rathen; and to Patrick Mowat of Balquholly the advocation, donation and right of patronage of the kirks of Canisbay, parsonage and vicarage thereof, together with the advocation, donation and right of patronage of the parsonage of Olrig to George Sinclair of Mey; all which before excepted his highness declares shall not be comprehended under the said act.
[1593/4/39]*[print] [email] [cite] [preceding] [following]
Our sovereign lord understanding diverse infeftments of feu ferm to have been granted of old by the prelates of this realm of their temporal lands in favour of his lieges lawfully made for just causes and with all solemnities requisite, and sundry of the said infeftments not only granted by the said prelates and their convent under their common seals and subscriptions, but also by the special consent and authority of his highness's predecessors of good memory, namely his grace's dearest grandfather King James V under his subscription and privy seal, which according to the estate of time were lawful security to the receivers thereof and needed no particular confirmation to be interposed thereto, either by authority of the Pope or of our sovereign lord's predecessors, there being no law, statute nor constitution received obliging the subjects thereto; and in in case any confirmation had been requisite, the same could import no further in effect or substance than the consent of the prince under his seal and subscription. According to the which infeftments, the feuars and others having right from them, their successors, as well particular as universal, have been established in the full right of the said temporal lands pertaining to the said prelates by virtue of the said feus so set in manner foresaid, and nevertheless others affecting the same kirklands; and taking occasion of certain late statutes made regarding the confirmation of the said kirklands which took effect and first fundament regarding the feus of kirklands set since the month of March the year of God 1558, albeit by posterior statutes extension is made both to new and old feus, have purchased on their pretended manner our sovereign lord's confirmation thereupon, to the prejudice of the said first feuars, tending to exclude and debar them thereby from their right and to acquire the property of the said lands to themselves only upon pretext of the said confirmation. His highness, not willing that the lawful rights and securities of parties acquired by them after so long a space shall be hurt or prejudiced by whatsoever subsequent laws or constitutions, or that strangers and third persons who have never been kindly tenants in the said lands shall upon new feus and confirmations thereof purchased by them prejudice the said first feuars only upon pretext of wanting of an ordinary confirmation according to the said late statutes, our sovereign lord, with advice and consent of the estates assembled in this present parliament, has statute, concluded, decreed and ordained and by this act statutes, concludes, decrees and ordains all and sundry the said infeftments of feu ferm set of old by the prelates of this realm to whatsoever his highness's lieges and subjects of whatsoever temporal lands, offices, rents, rooms and possessions, being authorised by the subscription of his said grandfather or any of his predecessors and their privy seal in taking of their consent interposed thereto, to have been from the beginning, to be presently and in all time coming good, valid, lawful, perfect and effectual infeftments to the owners thereof, their heirs and successors as well particular as universal, to the effect they may peaceably hold, enjoy and possess the lands and others contained therein; and, if need be, to call and pursue by virtue thereof whatsoever persons, purchasers of any posterior infeftments of the same lands, with his highness's confirmations interposed thereto, for retreating and rescinding thereof and the said first infeftments so made and granted as said is to make full faith in judgement and outwith to produce full action and exception and to be preferred to whatsoever posterior infeftments, notwithstanding the same wants an ordinary confirmation, having the consent, subscription and privy seal as said is and so often as the same shall be produced in judgement, either for fundament of any action or for proving of any exception or reply in whatsoever judgement or instance whereas the controversy shall stand upon want and deficiency of confirmation, and that either the Pope's confirmation or his highness's or his predecessors' confirmation is alleged and offered to be proven in specific form upon mutual convention of maintenance of two diverse feus: the old one set with the said solemnities, and the other lately and newly authorised by confirmation, whether the same be before litiscontestation, or thereafter used for probation of the libel, exception or reply in whatsoever instance either upon pursuit of reduction or otherwise, the same shall be held and repute now and in all time hereafter as valid and sufficient in all respects and to prove also sufficiently the libel, exception or reply admitted, although the party be burdened with production of the Pope's or his highness's confirmation, as if a lawful confirmation most solemnly passed in the court of Rome by process of commission or otherwise by his highness or his predecessors in most ample form, with all solemnities requisite, were produced, and the libel, exception or reply founded upon the said infeftment, or upon our sovereign lord's confirmation, or the Pope's confirmation allegedly requisite thereto, to be as sufficiently proven in all respects by production of the said infeftment, with this present act of parliament, as if an ordinary confirmation was produced; and this present act of parliament to be received in all judgments hereafter, as well as intended and depending in whatsoever part of the process as to be intended, and to be observed universally as a perpetual law in all times hereafter. And wills and declares that this act shall make express derogation to whatsoever acts, statutes, or constitutions of parliament preceding regarding the confirmation of the feus of kirklands or regarding double confirmations and prerogative thereof.
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Our sovereign lord and estates of this present parliament, understanding how necessary and expedient it shall be, as well as for the decoration of the policy within this realm as for the benefit of his highness's lieges, to repair, beat and mend the calsay between his majesty's palace gate of Holyroodhouse and the Nether Bow of Edinburgh, with the entrance and passages whereby it is repaired to and from the said palace, and specially between the Clockmill and the water gate, and from there to Leith Wynd foot; and his majesty and estates foresaid, knowing no readier means and way to sustain the expenses of the said reparation and less hurtful to the lieges than to exact the custom and impost underwritten, as has been observed and used by his grace's most [noble]† predecessors when the like occasion was offered, therefore our said sovereign lord and estates of this present parliament give, grant and commit full power and commission to the bailies and council of the Canongate present and being for the time, by themselves and their deputes, one or more, under them, whom his majesty and estates give them full power to make and create, to collect, ingather, intromit with and uptake 2d usual money of this realm of every full cart, with 1d of every horse load that shall come within the said water gate to be sold in the market, and, if need be, to poind and distrenzie for that, making, constituting and ordaining the said bailies and council present and being for the time and their deputes, one or more, undoubted and irrevocable collectors of the same for the space of three years next after their entry thereto, which shall be and begin at the day and date of this act and further to continue during his majesty's will, providing always the said bailies and council present and being for the time as said is before the expiring of the said years beat, mend and repair the said passages within the bounds foresaid, with sufficient calsays duly as appropriate.
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It is statute and ordained by our sovereign lord and lords of articles of this present parliament that whosoever shall happen at any time hereafter to strike, hurt or slay any person within his highness's parliament house during the time of the holding of the parliament, within the king's inner chamber, cabinet or chamber of presence, the king's majesty for the time being within his palace, or within the inner tolbooth the time that the lords of session sit for administration of justice, or within the king's privy council house the time of the council sitting there, or whosoever shall happen to strike, hurt or slay any person in presence of his majesty where ever his highness shall happen to be for the time, shall incur the pain of treason and shall be accused thereof as committers of treason and lese-majesty; and likewise statute and ordain that whosoever shall strike or hurt in any time hereafter any person before our sovereign lord's justice or his deputes sitting in judgement, or within the inner gate of the king's palace where his highness shall make his residence for the time, or within the outer tolbooth of Edinburgh the time that the lords of session sit for administration of justice, shall incur the pain of death and shall be accused criminally thereof. And also statute and ordain that whosoever at any time hereafter shall strike or hurt any person before the bailies of burghs, commissioners, sheriffs, bailies of royalties and regalities and other inferior judges within this realm, they or any of them sitting in judgement shall pay £100 to be employed at the discretion of the judge offended, and imprisonment of their persons during the judge's will, without prejudice always of the privileges granted by whatsoever statute or acts of parliament of before to the provost and bailies of burghs or whatsoever inferior judges. And lastly it is statute and ordained that whosoever shall strike or hurt any judge within this realm sitting in judgement shall incur the pain of death and be accused criminally thereof.
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Our sovereign lord and estates of this present parliament, taking consideration of the rebellious contempt used by a great number of his highness's subjects, as well as upon the border as in the highlands and various other parts of his highness's realm, who, without regard of their dutiful obedience, pass daily to the horn for not finding of law surety, not subscribing of assurances in matters of hostility and assaults and strikes his majesty's messengers and others of his highness's officers in execution of their offices, and some who nightly and daily robs, forays and commits open theft, robbery and oppression; for remedy whereof, our said sovereign lord ordains the acts and laws made of before regarding theft, thift-bute, reset of theft, entertainers in, intercommuners, harbourers and suppliers of thieves to be put into execution according to the tenor thereof, and ratifies and approves the same in all points. And further our said sovereign lord, with advice of the estates of this present parliament, statutes and ordains that no respite nor remission be granted at any time hereafter to any person or persons that pass to the horn for theft, robbery, slaughter, burning or harrying until the party damaged be first satisfied; and if any respite or remission shall happen to be granted before the party grieved be first satisfied, the same shall be null and of no value by way of exception of† reply without any further declarator, except the said remissions and respites be granted for pacifying of the broken countries and borders.
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Our sovereign lord and estates of this realm convened at this present parliament ratify and approve for them and their successors all and whatsoever acts, statutes, constitutions and ordinances made by his majesty or his predecessors in favour of the senators of the college of justice and members thereof since the first erection of the said college to this present day and date, without any manner of diminution or derogation of the same in any sort by whatsoever other act or statute that may or can be extended or interpreted in the contrary, either special or general.
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Our sovereign lord and estates of this present parliament, understanding perfectly that fraud increases daily within this realm and especially by the writing of the bodies of the contracts, charters, obligations, reversions, assignations and all other writs and evidents by the handwriting of such persons as are not commonly known and are not common notaries, nor possesses no common office as writers within this realm, and if the writer was known the same would give great light to the trial of the truth of the falsity of the said writ and evident, therefore his highness, with advice of the said estates in parliament, decrees and declares that all original charters, contracts, obligations, reversions, assignations and all other writs and evidents to be made hereafter shall make special mention in the latter part thereof, before the inserting of the witnesses therein, of the name, surname and particular remaining place, diocese and other denomination of the writer of the body of the foresaid original writs and evidents; otherwise, the same to make no faith in judgement nor outwith in time coming; and to begin upon 1 November next to come.
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Forasmuch as in the parliament held at Edinburgh, 22 August the year of God 1584 it was statute and ordained that all gifts, provisions and dispositions of successors of prelacies, abbacies, priories and nunneries made and granted by his highness to whatsoever of his subjects upon the resignations or demissions of the possessors of the said abbacies, priories and titulars of the same are and shall be of no value, force nor effect with all that has followed or may follow thereupon without any further process, as at more length is contained in the said act. The which act and constitution being made against the form of other good acts and constitutions made of before, which were only extended in future, likewise of all equity and reason all laws, acts and constitutions of parliament ought only to have effect in such cases as happens to follow after the making thereof, therefore our sovereign lord and estates of this present parliament decree, declare and ordain that the said act and constitution shall have no effect, force nor strength against such gifts, provisions and dispositions of prelacies and abbacies granted by his highness at any time preceding the day and date of the foresaid act to whatsoever person or persons' bairns or nearest kinsfolk upon the resignations or demissions of the possessors, commendators or titulars at the time of their demission, with reservation of their own liferents; and decree, statute and ordain the said gifts, provisions and dispositions to be and to have been from the date thereof sufficient rights and titles to them to possess the said abbacies and benefices enduring their lifetime, notwithstanding the reservation therein contained; and make void and annul the foresaid act of parliament in so far as the same may be extended to any gifts and provisions of any abbacy or prelacy conveyed before the said 22 August the year of God 1584, with reservation in form above-expressed; and decree the foresaid act in that part to have no force of law, either by way of action, exception, reply or objection against the validity thereof, and that the said act shall be extended to such provisions and demissions of abbacies and prelacies as have passed or given and granted since the date thereof only.
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Item, because it is understood that the poverty of the crown is the special cause of the poverty of the realm and inhabitants thereof, and that the patrimony of the crown, being augmented, is the great prosperity and profit both of the king's grace and to his lieges, therefore our sovereign lord, with consent of his estates, unites, annexes and incorporates to the crown of this realm to remain therewith as proper annexed patrimony and property thereof in all time coming and with our sovereign lord and his successors for ever all and whole the lands, lordships, baronies, mills, multures, woods, copses, parks, fishings, towns, villages, burghs, regality, baronies, annualrents, tenements, reversions, customs great and small, feu ferms, places, houses, buildings, castles, towers, manor places, yards, orchards, kirks, teinds great and small, fruits, rents, emoluments and all and sundry other commodities and profits whatsoever, tenants, tenancies and service of free tenants, as well as to burgh as to land, which in any manner of way pertained or may pertain to the abbacy or monastery of Dunfermline, lying upon the north side of the water of Forth only, to be in all times hereafter repute and held the property and patrimony of the crown, to remain therewith in all time coming after the form, tenor and order of the acts of annexation made in the time of our sovereign lord's predecessors, King James II and King James V, and according to all the clauses, conditions and circumstances thereof, which in all points are held and understood as expressed and specially contained in this present act in all time hereafter. It is likewise declared by our said sovereign lord and his said estates that in the said annexation of the temporal lands of the foresaid abbacy of Dunfermline, lying upon the north side of the water of Forth, are in no way comprehended the baronies of Burntisland, alias Wester Kinghorn, and Newburn, with annexes and connexes thereof, which pertained to the said abbacy of Dunfermline of before, and lies upon the north side water of Forth, and wherein Sir Robert Melville of Murdocairnie, knight, and Sir Robert Melville, his eldest son and apparent heir, and Andrew Wood of Largo were infeft respectively. And further, our said sovereign lord and his said estates will and declare that the said baronies, with their annexes and connexes, shall remain in all time coming as separate baronies and in no way to be comprehended in the said annexation, with special provision that all the teinds of the said lands and lordship of Dunfermline shall be understood by virtue of this act annexed to the crown after the form and tenor of the said general act of annexation made in the year of God 1587; and also all the teinds of the remaining prelacies and kirklands of this realm are annexed to the crown. It is always declared by our said sovereign lord and his estates of parliament that the lordship and barony of Musselburghshire, with annexes and connexes, free regality, parts and pendicles of the same, are not comprehended in the said annexation, nor shall not be comprehended in any annexation to follow hereafter, because the said lordship and barony, with annexes, connexes, free regality, parts and pendicles of the same, being a part of the patrimony of the said abbacy of Dunfermline, was excepted out of the first general annexation of the kirklands to the crown; and John [Maitland], lord Thirlestane, chancellor to our said sovereign lord, and Dame Jean Fleming, his spouse, for them and their heirs, were heritably infeft therein, which lordship and barony they have lately resigned in our said sovereign lord's hands for infeftment of liferent thereof given to the queen's majesty for all the days of her highness's lifetime, and for another infeftment of the heritable fee thereof given to the said John, lord Thirlestane, chancellor foresaid, his said spouse and their male heirs and of tailzie heritably. Which infeftments our said sovereign lord, with advice and consent of his foresaid estates, ratifies and confirms by this act and for his highness and his successors wills and grants that the same stand in full force, stead and effect in all time hereafter; and ordains the said new infeftment given to the said John, lord Thirlestane, his spouse and their heirs foresaid to be inserted in the books of parliament if need be.
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Item, our sovereign lord, with consent of his said estates, having consideration that his highness being in Oslo in Norway on 24 November the year of God 1589, for diverse occasions moving him, gave and conveyed to his dearest spouse Anne, queen of Scots all and whole the lordship, baronies of Dunfermline, with all lands, towns, manor place, mills, multures thereof lying on the north side of the water of Forth, to be held and possessed by her for all the days of her lifetime, as at more length is contained in the said gift of the date foresaid; and now willing that his said dearest spouse shall hold and enjoy the said gift for all the days of her lifetime according to the tenor thereof, and to the promise made by him and by his said estates to his dearest brother Christian IV of that name, king of Denmark, therefore our sovereign lord, with consent foresaid, confirms, ratifies and approves the said gift, charter and sasine following thereupon and all and sundry heads and articles contained therein, and promises faithfully to observe, keep and fulfil and cause the same be kept, observed and fulfilled. Moreover, for the causes foresaid, our sovereign lord, with consent of the said estates, gives and conveys of new to his said dearest spouse all and whole the said lordship of Dunfermline lying as said is, with all lands, baronies, places, houses, buildings, castles, towers, fortalices, manor places, yards, orchards, mills, woods, fishings, kirks, teinds great and small, fruits, rents, emoluments pertaining thereto, with power and jurisdiction of regality of the same, for all the years and terms of her lifetime, and likewise with all monks' portions pertaining to the said abbey, to be held by her enduring the said time, and to be peaceably intromitted with by her factors and chamberlains in her name as freely as our sovereign lord may hold and possess the same by reason of the annexation foresaid, or as any abbot or commendator has held or possessed the same in any time bygone; and to that effect our sovereign lord, with consent foresaid, makes void, retreats, rescinds and annuls all and sundry gifts and dispositions of monks' portions pertaining to the said abbacy made and given by his highness to whatsoever person or persons for whatsoever cause or occasion before the day and date of this present act of constitution.
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Forasmuch as immediately after the marriage contracted and solemnised between the king and queen's majesties, our sovereign lord and lady, his highness, for the singular love and affection borne toward her, gave, granted and confirmed to her in form of morning gift† all and whole the lordship of Dunfermline, with all baronies, lands, principal mansion houses, yards, pastures, mills, multures, mill-lands, teinds, as well as great as small, woods, copses, coals, coal-works, fishings and all other pertinents thereof whatsoever, as well as not named as named, as well as under the earth as above, lying on the north part of the water of Forth; which lands, baronies, with all above-specified, his highness of before had united, annexed and incorporated in a whole and free lordship for payment of one silver penny at the feast of Whitsunday [May/June] in name of blench ferm, likewise at more length is contained in the said gift dated at Oslo in Norway, 24 November the year of God 1589; and thereafter his majesty was infeft and got possession and sasine of the said lordship upon the [...] day of May the year of God 1590, which gift, infeftment and whole contract of marriage is ratified, approved and promised to be accomplished by his highness and his estates, as his confirmation under his great seal and under the seals and subscriptions of his said estates dated and delivered to the ambassadors of Denmark upon 17 May the year of God foresaid, as also in the parliament held at Edinburgh upon 5 June the year of God 1592, our sovereign lord, with advice and consent of his estates in parliament, ratified and approved the said contract of marriage, morning gift and also the charter, precept and instrument of sasine given by his highness to the queen, his dearest spouse, according to the said contract of the palace of Linlithgow, with the lordship and lands of the same, yards, pastures, lochs, fishings, mills, multures, coals, coal-works, rents, ferms, victuals, customs, with advocation and donation of benefices, tenants, tenancies, service of free tenants, annexed and connexed lands, parts, pendicles and pertinents thereof whatsoever lying within the sheriffdom of Linlithgow; and also the earldom of Fife, with the palace and castle of Falkland, lordship, lands, woods, copses, pastures, 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 pertinents whatsoever, as well as not named as named, lying within the sheriffdom of Fife, and whole contents thereof according to the said charter of the date at Holyroodhouse, 11 May 1590; and further decreeing and declaring that the said contract of marriage, whole clauses and contents thereof, the said morning gift, the said lordship of Dunfermline renewed as said is above-specified, the charters, precepts and instruments of sasine of the said earldom, lordship and others above-specified, to have been made and done to the honour, benefit and profit of his majesty and his highness's crown and to the benefit and commodity of the whole realm, and therefore decreeing and ordaining the same to stand effectual and to be inviolably and faithfully observed, kept and fulfilled in all points in all time coming; and that the said decreet and sentence of parliament should be extracted under the great seal and seals of the whole nobility, barons, clergy and commissioners of burghs, lords of articles of the said parliament if need be, through which his highness and his estates, representing the whole body of this realm, are obliged to the accomplishing and fulfilling of the said contract, morning gift, infeftments and titles made to our said sovereign lady in manner before-specified. Nevertheless, because through occasion of sundry unprofitable dispositions made of sundry parts of the fruits and rents of the said lordship of Dunfermline, partly before and partly after the said morning gift, the full rents of the said lordship accordingly as it is valued could not be received and timeously brought in to her majesty's proper use, our said sovereign lord has been diverse times moved by his dearest brother, cousin and ally the king of Denmark, and his ambassadors in his name sent to this realm, that the said morning gift might be made good to the queen's highness, and she entered in real possession thereof to her own proper use. Thereupon treaty being had between his majesty and certain of his council in his name and the ambassadors of his said dearest brother, cousin and ally the king of Denmark, resolution is taken that her majesty and her chamberlain in her name shall have full and real possession of the said lordship of Dunfermline and so many of the rents and fruits thereof as are presently free and inviolated, and shall have also compensation out of the rents and property of the crown by infeftment of special lands and possessions as will extend in certain and free rent, all charges deducted, to the sum of £6,000 money of this realm yearly, to be collected and intromitted with by her highness's own chamberlain in her name and to her benefit and proper use until such parts of the rents of Dunfermline as are now possessed by some in liferents may accrue by their death, and the pretended titles now standing upon the rents and fruits of the said lordship of Dunfermline may be annulled and taken away by order of law and justice, and the same rents recovered and made peaceable to be intromitted with by her highness and her chamberlain to her proper use and benefit, which, God willing, is to be performed within the space of one year and a half, which will be more acceptable to her majesty; and always as any part of the rent of Dunfermline now violated shall be recovered, and her highness in peaceable possession thereof, as much of the said compensation out of the property shall be relieved and return to be received and intromitted with by his highness's comptroller to his majesty's own use. Moreover, our said sovereign lord, considering that the whole lordship of Dunfermline, as well as lands and teinds, third as two parts, is conferred to our said sovereign lady, his dearest spouse, in her morning gift as said is, and that it is already found by his majesty by an act made with advice of the lords and others of his highness's privy council, session and exchequer, authorised, allowed and approved since then by his estates in parliament that the thirds of benefices and surplus thereof, being destined for support of the public affairs and sustentation of the ministry, might be conveyed, given or employed in no other way but to the said use and effect for which they were appointed at the beginning; and likewise that no pensions, tacks or liferents of the said surplus might or may be conveyed in time coming for any longer space than the space of one 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, decreeing and declaring all and whatsoever pensions, liferents and tacks purchased or to be purchased whereby the thirds, surplus thereof or the first and best rentals thereof have been diminished or altered since the first 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 or inopportune suit without cognition preceding of the sustentation of the ministry 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 ramifications or confirmations following thereupon. And likewise the general collector by himself, his chamberlains and under-receivers in his name are ordained to ask, crave, receive, intromit and uptake all and whole the thirds of benefices within this realm unassigned to the ministry where the first and best rentals of the same are altered or diminished since the first assumption of the said thirds of the crop and year of God 1587, and likewise yearly in time coming according to the rentals made account of in the year 1584 and last thereof; and if the said thirds be diminished or hurt in any way by the said last rentals and assumptions of the said thirds made in the year of God 1561, the said collector to have recourse to the first assumption for so much of said thirds 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 and surplus, or any part thereof altered or diminished in the rentals since the first assumption of the thirds as said is. So now our sovereign lord, by advice of his estates in this present parliament, ordains and gives full right and power by the tenor hereof to the queen, his dearest spouse, our sovereign lady, by herself, or her chamberlain in her own name, and to her proper use and benefit, to ask, crave, receive, intromit and uptake the whole third of the said abbey and lordship of Dunfermline, sustaining the ministers serving at the proper kirks thereof in state as they were assigned at the time of the making of the said morning gift, or further at her good pleasure and that the Whitsunday [14 May] term last bypast, Martinmas [11 November] next to come and of the crop and year of God 1593, and likewise yearly in time coming during her lifetime, according to the first assumption of the third of Dunfermline and account made thereof in the crop and year of God 1561. And likewise 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 third of Dunfermline, altered or diminished from the first and best rental as said is, until the sums and victuals charged for be first paid to her majesty and her chamberlain in her name, notwithstanding whatsoever pension, tack, liferent or discharge purchased or to be purchased of the same third where the first and best rental is altered or diminished as said is of this instant crop and year of God 1593 and yearly in time coming during her lifetime as said is, but that the said lords shall repute and esteem the same as null in itself, and the said nullity to be received as well as by way of exception as action, without prejudice nevertheless of whatsoever heritable infeftments granted by our sovereign lord, whereby the condition of the said thirds are altered or diminished. In addition, our sovereign lord, with advice of his estates of parliament, in respect of said morning gift so faithfully and solemnly promised to be made up and made good, decrees and declares all gifts and provisions made of the titles of the kirks of the said abbey and lordship since the date of the said morning gift to whatsoever persons to be likewise null from the beginning and to be in all times coming of no value, force nor effect, and the said nullity to be received by whatsoever judge as well as by way of exception as action notwithstanding any dispensation or act of parliament made or to be made in the contrary. Moreover, our said sovereign lord, with advice of his said estates of parliament, considering that the queen, his dearest spouse, is infeft and seised in the said lordship of Dunfermline granted to her in morning gift as said is during her lifetime with tenants, tenancies, service of free tenants, advocation, donation and right of patronage of kirks, benefices and chaplainries pertaining thereto, and that her majesty is likewise infeft in liferent in the said earldom of Fife and lordship of Linlithgow, and in addition and beside the same in the third part of the property of the realm of Scotland and all profits, rents and emoluments of the same property pertaining to his highness or property of the realm, all ratified and approved by his highness and his estates of before in parliament; and to the effect that the same may be the better preserved from unprofitable dispositions in time coming, and his highness, his estates and realm the better relieved, her highness, with his majesty's special advice and consent, has nominated certain persons of his highness's privy council, session and exchequer: they are to say Alexander [Seton], lord Urquhart, president of the college of justice, Walter [Stewart], commendator of Blantyre, keeper of the privy seal, Master John Lindsay of Balcarres, Master James Elphinstone of Invernochty,† Master Thomas Hamilton of Drumcairnie, Alexander Hay of Easter Kennet, clerk register, and Master Peter Young of Seaton, almoner to his majesty, to be also of her highness's council in things tending to her honour and commodities, collection and spending of her living, and in the administration of the affairs concerning the same living, namely in hearing of the accounts thereof and touching the passing of the presentation of kirks and benefices, prebendaries, chaplainries and alterages or masters and members of hospitals whereof her highness has gift and right of patronage; and in receiving and entering of free tenants upon retours or by clare constat, or upon resignations, or in granting of confirmations, or setting of tacks of lands, teinds or other possessions, or making of whatsoever dispositions; which councillors have made faith to give her highness their true advice and counsel in these premises. Likewise her highness, with advice of our said sovereign lord, her husband, for his interest, is well contented and has promised in the word of a princess to follow the good advice of her highness's councillors in the premises, and that she shall not deteriorate her said morning gift or others of her liferent lands and living by her deed and occasion, and that no writ, evident or precept that shall be presented relating thereto shall be passed their majesties' hands until the same be first seen, read and deliberately considered by her said council and subscribed by them (at the least four of them convened together, the said lord president always being one), testifying the matter to be lawful and for her highness's honour and commodity; without which her majesty's seal shall not be appended nor affixed thereto, nor the same writ, evident or precept shall be of no value, force nor effect to the purchaser. To the which all and sundry premises our sovereign lord, with advice of his estates in this present parliament, interposes his consent and authority, ratifying, allowing and approving the same for ever. It is thus subscribed, James Rex, Anne Regina.
[1593/4/49]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, understanding that a great part of his highness's rents of the property, treasury and collectory is resting in the tenants' hands and others indebted in payment thereof for diverse years bygone, by reason of certain suspensions raised at the instance of diverse persons which lies over undecided and of hornings executed against a great number of rebels who contemptuously have lain at the horn these many years for non-payment of his highness's duties by and through the default of the negligent and slow prosecution of the said hornings according to the laws of this realm; and considering that for remedy of the said suspensions and decision thereof there was a special act of parliament made in the year of God 1584 giving full power and commission to the lords auditors of his highness's exchequer to decide all the said suspensions summarily, to the effect his highness's rent might be reduced to the former integrity and best estate, therefore his highness and estates foresaid ratify and approve the said act of parliament and commission therein contained, and of new gives, grants and commits full power and authority to the lords auditors of his highness's exchequer, namely: [...],† and to the senators of the college of justice above-written, or to any seven of them (there being always five of the said senators of the college of justice of the said number), full power, jurisdiction and authority to decide all and whatsoever suspensions of his highness's property, treasury or collectory raised or to be raised by whatsoever person or persons, and to pronounce their final sentence and decreet therein, which shall be of great force and effect and have the same execution as if they were given and pronounced by the lords of the session, commanding the said senators of the college of justice and lords auditors of his highness's exchequer, commissioners foresaid, to convene every week, twice at the least, in the afternoon, and to attend upon the decision of the said causes, and to administer justice therein according to the law.
[1593/4/50]*[print] [email] [cite] [preceding] [following]
The king's majesty and estates of this present parliament give and grant full power and commission to Sir Thomas Lyon of Auldbar, knight, treasurer to our sovereign lord, Walter [Stewart], commendator of Blantyre, lord privy seal, Edward [Bruce], commendator of Kinloss, Master Robert Douglas, provost of Lincluden, collector general, Master John Lindsay, parson of Menmuir, Sir Patrick Vans of Barnbarroch, knight, Alexander Hay of Easter Kennet, clerk register, Master David MacGill of Cranstoun-Riddel, advocate to our sovereign lord, Master David Carnegie of Colluthie [and Kinnaird], John Arnott [of Birswick] and Henry Nisbet, burgesses of Edinburgh, or any seven of them jointly (my lord treasurer or his depute being always one of the said seven), to meet and convene together when and where his highness shall give direction, and there to consult, treat and conclude regarding the matter of the coin presently current within this realm. With power to them, after due consultation, if they find the same reasonable and expedient for his majesty's profit and common benefit and utility of the whole country, to resolve and conclude regarding the reformation of the said coin in a better estate and condition. And for this effect, to make proclamations in his highness's name and authority for collection thereof to the mint-house, that the same may be broken and command given to the members of the mint-house for striking and making of new coin of better form and value as shall be found fittest by the said commissioners, whose conclusion and proceedings relating thereto, our sovereign lord and estates foresaid ratify and approve likewise and in the same manner as if the same were done and concluded in this present parliament.
[1593/4/51]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering the daily increase of his highness's charges and expenses and diminution of his highness's rents of his property and commodities through unprofitable dispositions made thereof in time bygone, therefore thinks expedient that the lands and lordships underwritten be annexed to the crown and presently annexes the same thereto, following the example of his predecessors for the honourable support of his estate, and the same lands, lordships and others hereafter specified to remain perpetually with the crown, which may neither be given away in freehold, pension or any other disposition to any person of what estate or degree that ever he be of, without advice, decreet and deliverance of the whole parliament; and for great reasonable cause concerning the welfare of the realm, first to be advised and carefully considered by the whole estates. And albeit it shall happen our sovereign lord that now is or any of his successors kings of Scotland to alienate and convey the said lordships, lands, castles, towns, donations and advocation of the kirks and hospitals, with the pertinents annexed to the crown as said is, otherwise that the same alienations and dispositions shall be of no value, but that it shall be permissible to his highness and his successors to receive the same lands and rents to their own use whenever it pleases them, without any process of law, and the takers to refund and pay all profits that they have taken up thereof again to his highness and his successors' use for all the time that they have had them, with such other restrictions as are contained in the acts of parliament made by his most noble progenitors kings of Scotland in their annexations to the crown, they are to say the lands of Beaufort, the lands of Pittendreich, the lands of Coull, the lands of O'Neil, the lands of Fettercairn, the lands of Tealing and Polgavie, the lands of Colbrandspath,† the earldom of March, the lands of Trabboch and Tarrinzean, the lands of Carrick, Leswalt and Mennybrig, the lands of Cowell, the lands and lordship of Galloway, above and beneath Cree, the lands of Duncow, the castle lands of Lochmaben, the lands of Glenchurny and Glenmoriston, the lands of Disher and Toyer, the lands of Kinclaven, the lordship of Menteith, the lands of Rosneath, the lands of Bute, the lands of Ruthven in Cromar, the assize herring in the east and west seas, the lordship of Dunbar, the lands of Normangill, Whitegill and Southwood, the lands of Dundonald, the king's wark in Leith, the king's stable, the king's meadow, the palace yards and park of Holyroodhouse, the lordship of Linlithgow, without prejudice of the former annexations of the lands and lordships above-written, or any of them if any be made of before, with tenants, tenancies, service of free tenants.
[1593/4/52]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm all and sundry constitutions and acts of parliament made of before by our said sovereign lord and his predecessors and estates in parliament regarding the privileges, liberties, immunities, freedoms, gifts, infeftments of annualrents, lands and other commodities whatsoever made, given and granted by our said sovereign lord or his most noble progenitors in any times bygone to or in favour of burghs and communities thereof; as also of all other lands, annualrents and commodities founded to the sustentation of the ministry and hospitality within the same. And that this present act be of as sufficient force and strength in all respects to the said burghs, and every one thereof, the communities and inhabitants of the same and their successors, as if the said privileges, infeftments, foundations and others above-written were in this act specially expressed.
[1593/4/53]*[print] [email] [cite] [preceding] [following]
Item, because there is no execution on burgh acts but only warding and poinding, which is not only a great trouble to the magistrates but hurtful and fraudulent to the party, in respect sundry absent their gear, others respect not warding, and that the suiting of letters accordingly is both exorbitant to the pursuer and obstructive, the decreets being given ofttimes for small sums, therefore our said sovereign lord, with consent of the estates, declares that the lords of council and session shall direct letters of horning on all decreets and acts given by provost and bailies of burghs between fellow citizens, and all others subject to their jurisdiction upon the sight thereof and execution of the officer charging the party, to make payment within 15 days, likewise is granted upon commissaries' precepts, and that the said letters of horning proceed upon a simple charge of 10 days only.
[1593/4/54]*[print] [email] [cite] [preceding] [following]
Forasmuch as the oversight and negligence of the civil magistrates and judges ordinary within this realm in putting of decreets to execution, punishing of malefactors and rebels and otherwise using of their offices as becomes, partly for regard and fear of strong parties and hazard of their own lives, and partly through want of sufficient preparation for that effect, is the original and principal cause through which the great confusion and disorder of this land in all estates proceeds; and seeing the burgh of Edinburgh is the chief place wherein greatest confluence of people is, as well as of the nobility and gentlemen as of others resorting thereto, therefore and that the said provost and bailies thereof are daily charged by virtue of their offices, either at command of letters passed by deliverance of the lords of secret council and session, or by private and particular warrants out of the king's majesty's own mouth, by missive letters or otherwise, to take and apprehend persons of all estates who have contravened his majesty's laws, and to incarcerate, keep and hold them in sure ward until justice be administered upon them according to the law, under the pains of treason, rebellion and putting of the said provost and bailies to the horn and other likewise great pains, for eschewing the dangers whereof that are constant with such readiness and promptitude of obedience as becomes by themselves in proper person, their officers and others in their names, to search, seek and take and apprehend the said rebels and to incarcerate them as said is, nevertheless, such is the malice and insolence of all men for the most part, as well as of certain inhabitants within the said burgh as of others, that either of them, associating themselves with others, regards not to make insurrection against the said provost and bailies and his highness's authority and have done their utmost power to prevent their execution of their offices, therefore, and in respect of the frequent assemblies of the nobility and others his majesty's lieges within the said burgh to parliaments, justice courts, councils and other conventions, whereby it pleases his majesty, for eschewing of great troubles and diverse inconveniences which may occur by occasion of deadly feuds between great parties, to command the said provost and bailies in their own person to guard within the said burgh night and day as occasion requires to their great travails and expenses and pains, beside that diverse honest persons, inhabitants of the said burgh, have been slain, mutilated and hurt in the said service, necessary and expedient it is that some good and substantial remedy be provided for redressing the confusion and disorder above-written to the glory of God, the establishing of peace and quietness within this realm and keeping of the inhabitants thereof under his highness's obedience, therefore the king's majesty and estates of this present parliament, having consideration of the premises with the good, true and faithful service done by them to his majesty in all times bygone, statute and ordain that no person nor persons of what state or degree that ever they be of presume or take upon hand to disobey or contravene the commandment and charge of the said provost and bailies of Edinburgh present and to come in the execution of their offices, when as they proceed immediately by command and direction of his highness, by virtue of letters, by deliverance of the lords of secret council, session or by statute and ordinance of the council of the said burgh or by their own authority and power, agreeing always with their own liberties and privileges and not prejudicing the liberties and privileges of others; and that no person nor persons attempt nor do any violence to them or their officers in their name in the execution of their said offices; certifying them and each one of them that does the same, they shall be repute and held as committers of deforcement, seditious persons and perturbers of the commonwealth of this realm, and be punished thereof in their persons and goods with all rigour in example of others according to the laws of this realm. In addition, his highness and estates foresaid, for the better performing of the premises and defence of the kirk of God within this land now in these perilous days, by the tenor hereof, give, grant and commit to the said provost and bailies and their successors free liberty, full power and authority to convoke and assemble themselves in armour and to lift and raise men of war for daily, weekly and monthly wages and to bear and use hackbuts and other armour whatsoever at all times when they shall think expedient, for the which no crime nor offence shall be imputed to them nor their successors nor shall not be called nor troubled in their persons or goods civilly nor criminally thereof in any time coming, notwithstanding of any proclamation made in the contrary and all pains contained therein; providing always that the occasion thereof be first signified to the king's majesty, to the effect that the same may be done with his majesty's knowledge and allowance. And if it shall happen any person or persons of whatsoever degree they be of or others being in company with them to be slain, mutilated or hurt resisting, withstanding and preventing of the said provost and bailies present and to come in the execution of their said offices in manner foresaid; and also if it shall happen any person or persons to be hurt, slain or mutilated in separating and putting sundry parties meeting in arms within the said burgh of Edinburgh, they always separating the said parties with long weapons only and not by shooting of hackbuts and pistols at any of the parties, in that cases and either of them the said provost, bailies, council and community of the said burgh nor their successors nor no others being in company with them and assisting them in the execution of their said offices shall be in any way called, troubled, pursued or molested criminally nor civilly thereof in their persons or goods in any time thereafter, discharging therefore his highness's advocates, justices general, their deputes and clerks, colonels, sheriffs and all other officers and ministers of his majesty's laws present and to come of all calling, accusing, troubling, molesting, arresting, following and pursuing of them or any of them for the causes foresaid and of their offices in that part according to all equity and justice.
[1593/4/55]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in this present parliament, ratifies, approves and confirms an act made in his highness's last parliament regarding the non-transporting of calf and kid skins and heifers out of this realm, and declares the same to be as effectual and sufficient as if the same were inserted herein word by word, notwithstanding the same is not inserted. Regarding which, his majesty, with advice foresaid, by this act dispenses for ever, with this addition: that his majesty and estates of this parliament, understanding how necessary and profitable the schurling† skins are for lining cushions, making of pokes, lining pouches, gloves and clothing of the poor and otherwise serving to diverse other uses to all his majesty's lieges, which by the transporting and carrying of the same out of this realm are become to an exorbitant dearth that through which not only the skinners are greatly hurt and prejudiced by deficiency of the leather thereof with which to work, as also his majesty's imports no profit thereof by custom nor otherwise, but also all others his highness's lieges are greatly hurt and prejudiced therein; therefore it is statute and ordained that no merchant, craftsman or other person or persons carry or transport any of the said schurling skins nor other skins above-mentioned out of this realm under the pain of confiscation of so much as shall happen to be apprehended, the one half thereof to be confiscated to our sovereign lord's use, and the other half to the party that apprehends the same, and further punishment of the persons transporters and contraveners of this present act in person and goods according to his majesty's pleasure.
[1593/4/56]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his estates in this present parliament statute and ordain that his highness shall have 20s of custom off every tun of beer brought in this realm in time coming, after the date hereof.