[A1594/1/17/2]*[print] [email] [cite] [preceding] [following]
[A1594/1/17/3]*[print] [email] [cite] [preceding] [following]
The which day, after the proposition made by the king's majesty, our sovereign lord, to his nobility and estates presently convened, regarding the blessing of God shown to his highness, this whole realm and nation in granting to him succession of his body to possess his crown when God shall call him to his mercy from this life, the queen, his dearest bedfellow, now shortly approaching to the time of his birth, to the comfort as well of his highness as of all his true and faithful subjects, the estates, considering the honourable and most necessary charges that must be made and sustained through this occasion and others, his highness's urgent and weighty affairs, and desirous to relieve his majesty of a pain thereof, have freely and voluntarily offered and granted to his majesty a taxation of £100,000 to be uplifted and paid as follows, that is to say, £50,000 by the spiritual estate, £33,333 16s 8d by the barons and freeholders, and £16,666 13s 4d by the burghs; and that at two terms, that is to say the one half between now and the feast of Easter next to come, and the other half between now and the feast of Midsummer next thereafter following. And for collecting of the spiritual mens' part of the said taxation, that letters be directed charging all and sundry bishops, abbots, priors and other beneficed persons contained in the tax roll, their chamberlains, factors and intromitters with their living personally or at their dwelling places, and failing thereof, by open proclamation at the principal parish kirks of the benefice upon a Sunday before noon in time of divine service, and at the market cross of the head burgh of the shire where the benefice lies, to make payment of that sum that they and each one of them are taxed to, to Thomas Erskine of Gogar, collector general, for receiving of the said whole taxation or his deputes and officers in his name having his power to receive the same, within 40 days next after the charge, under the pain of rebellion and putting of them to the horn; and if they fail therein, the said 40 days being passed, to denounce etc. And that the prelates and beneficed men for their relief have letters to charge their vassals, subvassals, feuars, tacksmen, ladies of terce, conjunct-fiars, life-renters and pensioners to make payment of their parts of the said taxation proportionally within 10 days next after they be charged thereto, under the pain of rebellion etc.; and if they fail etc., to denounce etc. and to escheat, and, if need be, to poind and distrenzie thereof. And for the barons and freeholders' part, that there be uplifted of every pound land within this realm 30s money, whereof 15s for the first term's payment and another 15s for the second term's payment. For payment whereof, that letters be directed charging all and sundry sheriffs, stewarts, bailies, their deputes and clerks, that they and each one of them within the bounds of their offices raise and uplift the said sum of 15s off every pound land of old extent lying within the bounds of their jurisdictions as for the said first term's payment of the said taxation and another 15s as for the last term's payment thereof, and collect and deliver the same to the said collector general at the terms above-written, under the pain of rebellion etc.; and if they fail etc., to denounce etc. and to escheat etc. And for their relief, that letters be directed charging all and sundry earls, lords, barons and freeholders to make payment and deliverance to the said sheriffs, stewarts, bailies, their deputes and clerks (each one of them for their own parts) of the sum particularly above-written of every pound land of old extent pertaining to them as for the said first and last terms' payment of the same taxation, within 10 days next after the charge under the pain of rebellion etc.; and if they fail etc., to denounce etc. and to escheat, or else that the said sheriffs, stewarts, bailies and their deputes poind and distrenzie thereof as they shall think most expedient. And that the said earls, lords, barons and freeholders have likewise letters for their relief against their vassals, subvassals, ladies of terce, conjunct-fiars and life-renters. And for collecting of the burghs' part of the same taxation, that letters be directed charging the provost and bailies of each burgh to make payment of the tax and stent thereof to the said collector general at the terms presently above-specified under the pain of rebellion etc.; and if they fail etc., to denounce etc. And for their relief, that letters be directed charging all and sundry inhabitants of each burgh to convene and elect certain persons to stent their neighbours, and the said election being made, to charge the persons elected to accept the charge upon them in setting of the said stent upon the inhabitants of each burgh, and to convene and set the same and make a stent roll thereupon as appropriate within 24 hours next after they be charged thereto, under the pain of rebellion etc.; and if they fail, to denounce etc. and to escheat etc. And likewise the said stent roll being made and set as said is, to charge the burgesses, neighbours and inhabitants of each burgh to make payment of their parts of the said stent to the said provost and bailies according to the tax roll to be made and given out thereupon within three days next after the charge, under the pain of rebellion etc.; and if they fail etc., to denounce etc. and to escheat etc.; and, if need be, that the said provost and bailies poind and distrenzie thereof as they shall think most fit and expedient. In addition, it is concluded and resolved that no suspensions of the said letters shall be granted to the time that the persons, cravers of the same, consign the sums charged for in the hands of the said collector or his clerk appointed to attend upon the commissioners underwritten, to remain consigned until the decision of their complaints by the same commissioners; they are to say Alexander [Livingston], lord Livingston, Robert [Seton], lord Seton, Master David Carnegie of Colluthie [and Kinnaird], Sir James Melville of Halhill, Adam [Erskine], commendator of Cambuskenneth, Walter [Stewart], commendator of Blantyre, Alexander Home of North Berwick Mains and John Arnott, burgess of Edinburgh; to whom, or any three of them jointly, his highness and the said estates give full power and commission, express bidding and charge to decide the said complaints summarily as appropriate, by whom the said suspensions shall be granted, discharging the lords of secret council and session of all granting of any suspensions for the cause foresaid and of their offices in that part. Further his majesty and the said estates ordain and command the said collector general that he in no way answer nor make payment of any part of this tax to whatsoever person or persons by virtue of any precept or precepts to be directed or subscribed by his highness unless the same be subscribed also by 12 persons of his highness's council, sitting together in council, and the provost and commissioner of Edinburgh; and if the said collector do in the contrary, the same not to be allowed to him by the auditors of his accounts; which auditors his majesty and the said estates nominate and appoint to be 12 persons of his highness's privy council and 6 persons of every estate jointly, by whom no discharges to be granted by his majesty to any person or persons indebted in payment of any part of this present tax shall be held effectual, but all persons without exception shall be subject to the payment of the same tax, the lords of council and session under places and their members, and the rents assigned to schools and colleges for instruction of the youth only excepted.
[A1594/1/17/4]*[print] [email] [cite] [preceding] [following]
†Forasmuch as it is not unknown how after the true religion was publicly preached, professed and by law established in the first year of the reign of our sovereign lord, none or very few avowed papists remaining in any part of the realm, sundry adversaries of the same true religion, envying the progress thereof and his highness's education therein, and pretending by all means to subvert the same by Jesuits, seminary priests and other pernicious instruments, partly his highness's born subjects and partly strangers, craftily directed in this country and destined to work the evil effects that since then have followed; induced diverse young noblemen, gentlemen and diverse others of his majesty's subjects to give ear to their allurements and to fall from profession of the said true religion; and under sundry pretences, at diverse times, to attempt the troubling and disturbance of the estate of religion and the contempt of his highness's authority, and at last gave great occasions of suspicion of their practices and traffick to bring strangers in the realm for the ruin and overthrow of his majesty's estate and professors of the said true religion and establishing of the superstition and errors wherein they had suffered themselves to be led. Of this William, earl of Angus, George, earl of Huntly, Francis, earl of Erroll and Sir Patrick Gordon of Auchindoun, being specially accused, they were called to their trial and first to have compeared before certain of his highness's privy council at St Andrews in February 1592 [1593]; where, not compearing, they were summoned of new to his highness's parliament held in the month of June, from which, although they absented themselves and that through this justice might have proceeded against them, yet at the earnest suit of the estates, all rigorous and sudden proceedings against the said earls and others foresaid was superseded, in hope to have recovered them to the acknowledging of their offence to God and obedience of his highness's authority, seeing of all others they were most obliged to his majesty for respects of blood, alliance and preferring of them in his own time to the honours, places and livings which they occupy. After which clemency shown, they took the boldness to prostrate themselves in his highness's way, craving his pardon for their sundry offences committed to the displeasure of his majesty, but utterly standing to their denial as innocent of the crimes for which they were called to the parliament, and offering themselves to abide trial thereof; for which his highness appointed them a diet first at Perth and then at Linlithgow, where his estates were convened for that end; and there the power of the whole being committed to certain elected persons of every estate, and they convening for that purpose at Holyroodhouse lately in November last, his highness, with their advice, for the public peace and quietness of his afflicted country cast so often in trouble, and for the better surety of the state of religion and professors thereof, being in many ways in danger in sundry parts of the world, the ministers of God's word being heard and conferred with and their petitions considered, thought the best form and means to quiet the troubles grown through the bygone proceedings of the adversaries of the said true religion was that the said persons summoned to his highness's late parliament for the treasonable causes and crimes contained in the summons executed against them upon occasion of the blanks and letters intercepted concerning trafficking with strangers for the troubling of the true religion, his highness and other professors thereof and liberty of the realm should be free and unnacusable in time coming for the said causes and crimes, and all process relating thereto to be abolished, deleted, extinct and remain in oblivion for ever, always on certain conditions specified in his highness's edict made relating thereto; specially that the said earls and others who should claim the benefit of the said edict, either by acknowledging and professing of the said true religion within the realm, or by departing and remaining out of the same upon licence as not persuaded in conscience, should make their declarations by writ of their choice of the said conditions to his majesty and to the kirk between then and the 1st day of this instant month of January, and that in token of their acceptance of the benefit and favour of the said edict and faithful promise to fulfil the conditions thereof appointed to them, and should subscribe the duplicate or copy of the said edict with their hands and return the same with their declarations of the choice of the conditions to be kept in the said register between then and the said 1st day of January instant, as in the said edict at more length is contained. Notwithstanding, the said three earls and other special persons above-specified, most unthankful for his majesty's manifold benefits bestowed upon them, have contemptuously disdained and refused to accept the benefit of the said edict, postponing and differing to make choice of the said conditions and to subscribe the duplicate or copy of the same edict with their hands and return the same to his highness before the said 1 January bygone, and through this have worthily lost the whole benefits of the same edict. Therefore his majesty, with advice of his nobility, council and estates presently convened, have declared and declare that the said earls and other persons specially above-named have lost all benefit and favour granted to them by the said edict, as also of all acts and proclamations made in their favour at any time since they were challenged of the said crime for the causes before-specified, and that they shall be accusable by law for the causes and crimes contained in the said summons, as if the said abolition and oblivion had never been granted. And to this effect, the said nobility, council and estates advise his majesty to cause a parliament to be proclaimed and appointed, so soon as conveniently may be, and they to be summoned to underlie trial therein for the said crimes and justice administered as appropriate; and that letters be directed for publication hereof by open proclamation at the market cross of Edinburgh and other places needful, that none pretend ignorance of the same.
[A1594/1/17/5]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty, with advice of his nobility, council and estates presently convened, has nominated and appointed and by this commission nominates and appoints the persons underwritten to be of his highness's ordinary privy council until the next parliament or convention general of his estates, they are to say Ludovic [Stewart], duke of Lennox, John [Hamilton], lord Hamilton, George [Keith], earl Marischal, John [Erskine], earl of Mar, William [Douglas], earl of Morton, John [Graham], earl of Montrose, Alexander [Livingston], lord Livingston, Robert [Seton], lord Seton, James [Lindsay], lord Lindsay of the Byres, John [Forbes], lord Forbes, Alexander [Colville], commendator of Culross, Adam [Erskine], commendator of Cambuskenneth, Master George Lauder of the Bass, Master David Carnegie of Colluthie [and Kinnaird], William Stewart of Traquair, Sir James Melville of Halhill, George Home of Wedderburn, Sir John Carmichael of that Ilk, knight, and Alexander Home of North Berwick, with the ordinary officers of his estate. Which persons, or so many of them as shall happen to be present, shall convene weekly upon the ordinary days or more often as the necessity shall require, and decide and conclude in all matters concerning his majesty, the common affairs of the realm and lieges thereof, according to the form and order set down in his highness's last act of parliament made relating thereto. Likewise his majesty promises to use and follow their counsel and to hold hand to the execution of whatsoever thing shall be concluded and determined in this case by them tending to the surety of his majesty's person and estate, advancement of his highness's profit, punishment of malefactors and quietness of the country without alteration in any point. Be it always understood that all noblemen and others expressed in the said act of parliament are in no way secluded but admitted to have access, place and vote in council when they shall happen to be present or shall please to repair thereto.
[A1594/1/17/6]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty, with advice of his nobility, council and estates presently convened, decrees and declares the licence granted by his highness to Sir James Chisholm of Dundurn, knight, for his departing and remaining out of this realm during a certain space expressed therein to be effectual to him in all points according to the tenor thereof because he has found caution, acted in the books of secret council, that he shall behave himself as a dutiful and obedient subject during the time of his absence out of this realm, and do nor attempt nothing in hurt or prejudice of his highness, his estate nor the true religion presently professed within this realm under a certain pecuniary pain mentioned in the act made thereupon. Providing always that the said Sir James uses his licence and departs out of this realm between now and 25 March next to come, otherwise the same licence to be null and of no value, force nor effect thereafter.