[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.
[1593/4/57]*[print] [email] [cite] [preceding] [following]
Forasmuch as our sovereign lord and estates of this present parliament, having considered how necessary and expedient it is that the power and jurisdiction of the dean of guild and their council within burgh be approved and allowed as it is now used in the town of Edinburgh, which is to the great furtherance of justice to our sovereign lord's lieges in all matters and actions concerning merchandise between merchant and merchant and between merchant and mariner, which actions ought not nor should not bide delay but be expedited and determined by the dean of guild and his council summarily as men chosen and appointed yearly by the council of the burgh most apt and able to judge and determine in all actions concerning merchants as said is; therefore our said sovereign lord, with advice of the estates in this present parliament, ratifies and confirms the judgement of the said dean of guild and his council in all actions concerning merchants as the same is set down by the provost, bailies, council and deacons of the burgh of Edinburgh and to have full strength and effect in all times according to the lovable form of judgement used in all the good towns of France and Flanders, where bursars are erected and constitute, and specially in Paris, Rouen, Bordeaux, Rochelle, and the particular form thereof to be set down again in this present parliament.
[1593/4/58]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding diverse of the most ancient burghs within this realm to be greatly decayed by want of traffick and such other help whereby they were maintained of before, having small common good and patrimony, not able to maintain the public occasion of his highness's service in parliaments, conventions of burghs and other necessary affairs and assemblies, intervening for the public estate of the realm, far less to maintain the quiet and good estate of the said burghs in peace and war, and nevertheless by procurement of particular persons affecting their private commodity and in no way respecting the welfare of the public the small patrimony appertaining to the burghs has been converted and desired to be converted to particular uses, to the which the same was never converted of before, making thereby the inhabitants of the said burghs (who are become already depauperate) to be unable either for his highness's service or to sustain the estate of the burgh, and that under pretext of certain pretended commissions purchased from his highness, with decreets, sentences and ordinances interposed thereto; for remedy whereof, his highness, with advice and consent of the estates of this present parliament, has determined, concluded and ordained and by this act determines, concludes and ordains that the common good and patrimony of the said burghs† shall be yearly bestowed at the sight of the magistrates and council of the said burghs to the doing of the common affairs thereof only after the yearly rouping and setting thereof as use is, according to his majesty's former acts and statutes made regarding the employing of the common good within the said burghs, and that the same be in no other way bestowed or converted to whatsoever use or alteration made relating thereto in whole or in part notwithstanding of whatsoever commission, charge or direction given by his majesty at any time heretofore by procurement of particular parties in the contrary, and notwithstanding whatsoever statute, ordinance or decreet following or proceeding thereupon, which commissions, charges, decreets and ordinances, with all that has followed or may follow thereupon, his majesty, with advice foresaid, expressly reduces, retreats and rescinds by this act, and ordains publication to be made hereupon to all and sundry his highness's lieges, that none of them pretend ignorance, in the appropriate form.
[1593/4/59]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that according to the lovable custom and ancient laws of his highness's most noble predecessors of worthy memory, there being no thing so much to be respected in a reformed commonwealth, both in time of peace and war, as the good and sufficient estate of the house of justice, otherwise called the tolbooth, together with the walls and ports of the principal towns thereof, most fit and expedient, therefore it is now, in this perilous age, that the house of justice, otherwise called the tolbooth of the burgh of Edinburgh, being the supreme house of justice within this land, with the ports and walls around about the same for defence thereof, be reduced in such good and sufficient estate as thereby justice may be commodiously administered, trespassers and malefactors escape not out of ward and thereby eschew the punishment due for their demerits, and the lives of all them that has their residence within the same may be preserved from the cruel malice of their enemies when the time of assault now approaching shall come to pass, for which effect and eschewing of sundry other inconveniences which may ensue hereupon there is no readier nor more fit remedy less hurtful to the lieges nor more consonant to equity and reason than to enact a reasonable tax and imposition out of lands and rents lying within the said burgh, and therewith to repair the said tolbooth with all requisite and necessary commodities end easements, as well as for administration of justice as detention of malefactors committed to ward from escaping forth thereof, and therewith also to construct, beat and mend the said ports and walls in sufficient broad height and strength with fencing places in war-like manner, able as well as to resist and withstand the enemy without as to apprehend and retain the trespassers within, as has been observed in his highness's most noble predecessors' times of before, and lately in his majesty's own time for edifying of a tolbooth in the Canongate; therefore his highness and his estates foresaid give, grant and commit to the said provost, bailies and council of the said burgh of Edinburgh present and being for the time full power and commission by themselves, tax masters, collectors and under-receivers, one or more in their name, to ask, crave, receive, intromit with and uptake a reasonable tax and imposition out of all lands and rents lying within the said burgh of Edinburgh pertaining to whatsoever person or persons without any kind of exception according to the value of the said lands and rents within the said burgh, after the form and tenor of a tax roll to be made and set down by them relating thereto, and for the same tax and imposition, if need be, to poind and distrenzie, that therewith the tolbooth of the said burgh may be sufficiently repaired with all necessary and requisite commodities and easements, as well as for administration of justice as detention of malefactors committed to ward from escaping forth thereof, and therewith likewise to beat and mend the said ports and walls in sufficient broad height and strength with fencing places in war-like manner, able as well as to resist and withstand the enemy without as to apprehend and retain malefactors within, according to the observation of his highness's most noble predecessors and his majesty's own late observation had relating thereto, and to equity and reason.
[1593/4/60]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in parliament, has ratified and approved and by the tenor of this present act ratifies and approves the act made of before in the parliament held at Edinburgh, 5 June the year of God 1592 in favour of the provost, bailies, council and community of the burgh of Edinburgh, by which our said sovereign lord and his estates foresaid then ratified and approved the donations and mortifications made by his highness's late dearest mother in her perfect age and by his highness's self at diverse times since his majesty's coronation of all lands, tenements, annualrents, other profits and commodities whatsoever mentioned in the said act which were given and endowed for sustentation of the ministry, hospitals and college of the said burgh, as at more length is contained in the said act in all points, clauses, articles and circumstances thereof, which are held for expressed in this present act. In addition, our said sovereign lord and his said estates revoke, retreat and rescind all and sundry infeftments, gifts and dispositions made by our said sovereign lord to whatsoever person or persons of the said lands, tenements, annualrents, other duties and commodities whatsoever since the dates respectively of the infeftments, gifts and dispositions made thereof, to the said provost, bailies, council and community of the said burgh of Edinburgh for sustentation of the said ministry, hospitals and college, and declares the same, with all that followed thereupon, to be in all times coming and to have been in all times bygone null and of no value† and that the persons, obtainers of the said infeftments, gifts and dispositions, shall never be heard to move action nor quarrel thereupon nor found any exception or defence by virtue thereof against the said provost, bailies, council and community and their successors, to the effect that they in all times hereafter, without any impediment or obstacle, may peaceably hold the said lands, tenements, annualrents, other emoluments and profits, to the use to which they were given of before as said is.
[Marginalia]†