[1594/4/10]*[print] [email] [cite] [preceding] [following]
The parliament of the most excellent prince James VI, most illustrious king of Scots, held in Edinburgh on 8 June in the year of the Lord 1594, by our supreme lord the king, himself present, with all the estates of the realm, together with George [Keith], earl Marischal, William Henderson, constable depute, Robert Stewart for the sheriff of Edinburgh, and James Nisbet, dempster.
[1594/4/11]*[print] [email] [cite] [preceding] [following]
The which day the said Masters David MacGill of Cranstoun-Riddel and John Skene [of Curriehill], advocates to our sovereign lord, produced in presence of the king's majesty and estates, likewise they did diverse times of before, the said summons of treason raised and pursued at the instance of our said sovereign lord and his highness's justice against the said William [Douglas], earl of Angus, George [Gordon], earl of Huntly, Francis [Hay], earl of Erroll and Sir Patrick Gordon of Auchindoun, knight, whereby they were summoned to have compeared before our said sovereign lord and his highness's justice on 18 May last, with continuation of days, to have answered to the crimes and points of treason and lese-majesty contained in the said summons. The which summons, reasons and causes therein contained being first read in presence of the king's majesty and in presence of the lords of articles, they found the same summons relevant, and thereafter this instant day, the same summons of treason being read in presence of the king's majesty and whole estates, and the said three earls and laird of Auchindoun being thrice called at the tolbooth window, and none of them compearing, the said whole estates found the said summons relevant, and therefore they admitted the same to the said advocates' probation.
And immediately thereafter the said advocates, for proving of the said summons of treason against the said [earls]† and laird of Auchindoun, produced in presence of the king's majesty and whole estates the probations following, likewise they produced the same probations of before to the said lords of articles upon 1 June instant: in the first they produced eight blanks in paper, two thereof subscribed by the said Earl of Angus only, the other two by the said Earl of Huntly only, the other two subscribed by the said Earl of Erroll only, and the other two by the said three earls and laird of Auchindoun, all sent to Spain, which blanks have no designation on the back nor declaration of the cause for which they were sent, but blank and white paper on both the sides, except the said subscriptions. Item, they produce diverse and sundry seals of the said earls imprinted in paper sent with Master George Kerr to Spain, to the effect other seals might be made there, according to the same, to seal the said blanks after they should be filled. They produced diverse and sundry depositions of Master George Kerr, subscribed with his own hand, with a missive letter written and subscribed by him uncompelled or coerced but of his own free will to the king's majesty, by which depositions and letter the whole treasonable trafficking against the religion, the king, his estate and realm is willingly confessed and plainly declared, and the treasonable end and effect for which the said blanks and seals were sent is made manifest, namely: that they were sent to be filled up by the council of Spain and Master William Crichton, Jesuit, with such form and security as they should devise regarding the sending to Scotland of more for lifting of men of war, and of 30,000 Spaniards to come in this country and land in the west parts thereof, whereof 5,000 should have remained in this country, and, being joined with the said earls, should alter the religion and estate of this country. Item, for proving the premises they produce certain depositions subscribed by the late David Graham of Fintry, conforming in all things to the depositions of the said Master George Kerr. Item, they produce the doom of forfeiture given and pronounced against the said late laird of Fintry containing his depositions and indictment, which conform in all points to the said first reason of the summons and expressly verifies and proves the same; the which treason the said laird of Fintry confessed in judgement and never revoked the same, but went to the death therewith and was justified and executed for that. Item, they produce sundry letters written by Master James Gordon under a false name of James Christison, and likewise a letter written by Master Robert Abercrombie, Jesuit, having a false subscription of Robert Sanderson, and a letter written and subscribed by the said late laird of Fintry, having a false name of David Forrester, which letters plainly prove, according to the premises, the whole treason libelled. Item, they produce letters written by Master James Gordon in favour and commendation of Master George Kerr, written to sundry persons in Spain, to prove that he was of purpose to pass to Spain with the said blanks; together with two obligations subscribed by the said Master James and Robert, in which they confess the falsifying and mutation of their own names which likewise may be easily proven there by the provision of letters and by inspection of the said obligations that Sanderson is Abercrombie and Christison is Gordon; and as to the false name of the said late Laird of Fintry, calling himself David Forrester, he confessed the same false subscription and name to be his own handwriting and name in his depositions of 20 January 1592 [1593], the which likewise is proven there by the provision of letters by the subscription of the depositions and a letter written and subscribed with his own hand herewith produced; which letter is directed to the king's majesty and is repeated by way of proof of the said libel. Item, they produce letters of incident diligence whereby the said earls and laird of Auchindoun and Master James Gordon and Master Robert Abercrombie are summoned to this parliament to hear and see the subscriptions of the said blanks and false subscriptions and seals foresaid to be their own, and being verified, to prove against them and to hear and see all other probation used, led and prosecuted against them according to the law, and repeats the depositions of witnesses in as much, and the notoriety of their subscriptions and handwriting. Item, because Master George Kerr and the late laird of Fintry, Master James Gordon and Master Robert Abercrombie were trafficking papists, traitors and participants of the treason libelled, likewise they are yet (except the said laird of Fintry, who was executed for the same); and therefore it may be objected that their depositions shall make no faith in this cause, the said advocates produces an interlocutor of the lords of the session, subscribed by the clerk register, finding that infamous persons, minors or persons being fellows or companions in the same crime may be witnesses in the causes of treason and heresy, which interlocutor was produced and practised in the accusation of the late Euphame MacCalzean. Item, they produce the sentence of excommunication against the persons accused and also against Master James Gordon, the late David Graham of Fintry. Item, it is of verity that the king and three estates of this realm in criminal causes have jurisdiction and power of a great assize and may judge and decide all crimes, according to their consciences and vehement presumptions, conjectures and probabilities, which may be collected and gathered in the cause, and specially in the crime of treason, as is manifest in the written law of this realm called Regiam Majestatem, book 4, chapter 1. And the said advocates repeats in form of probation the notoriety of the crimes libelled and that of the law sufficient 'to allege a notorious offence but not to prove it' and the public voice and fame, which is a vehement probation in clandestine crimes, and namely in the crime of treason and lese-majesty, with the notoriety of the treason and of the trafficking libelled committed by the persons accused at the Bridge of Dee the year of God 1589, for the which sundry of them came in his majesty's will for the same, which is a confession of the crime. Item, they repeated and produces a catalogue of false and feigned names of certain Jesuits and trafficking papists, containing also certain feigned names of the said earls who all did falsify their names, to the effect they might the more surely and quietly use the treasonable trafficking libelled. Item, they produce and repeat that the said earls and laird of Auchindoun, being suspected of treason and charged to enter in ward according to the act of parliament made by King James II, disobeyed the same, and thereby have incurred the pain of treason by reason of their contumacy, because of the law, he that is contumacious may be condemned, for his contumacy causes him to be esteemed as present and induces against him a confession of the crime l 3 4† 9 c, we resolve, and it is of truth that of the law he is called contumacious who is summoned to a certain day by a peremptory summons, with certification, and compears not the said day (the law of contumacy, and glossed there as a 'matter which has passed sentence'). And, for verification thereof, they produce the king's letters, with the executions thereof, whereby the said earls and laird are charged to enter their persons in ward. Item, they produce an act and decreet of the secret council made at Edinburgh, 8 March last was, with the publication thereof at the market cross of Edinburgh upon the 12th day of the said month the year of God foresaid, finding and declaring that the said three earls and laird of Auchindoun have contravened the said charges and should be punished, esteemed and accused as traitors. Item, to the end that the said earls and laird of Auchindoun, their contumacy and perseverance, may be known in the treasonable treason libelled without any appearance of repentance or amendment, the said advocates repeat the manifest treason committed by them and each one of them by harbouring certain strangers, traffickers and treasonable mutineers and raisers of sedition against the estate of the realm and religion who lately arrived and landed in the town of Montrose and are presently, likewise they have been since the time of their arriving in this realm, sheltered, helped, supported, assisted and maintained by the said three earls and laird, and every one of them to the overthrow and destruction of this realm and religion presently professed within the same. The said advocates repeated the whole writs and other premises above-mentioned as they are set down in manner above-mentioned with the notoriety of the deed, and that this parliament is a great assize, so that he who of his conscience cannot be clear, he of necessity must be found guilty and renounce further probation of the first reason of the summons of forfeiture.
The which day the said Masters David MacGill and John Skene, advocates to our sovereign lord, after that they had repeated and produced all their probations to the said whole estates which they would use for proving of the said summons of treason, reproduced the same summons of treason raised and pursued at the instance of our said sovereign lord and his highness's justice against the said George, earl of Huntly, William, earl of Angus, Francis, earl of Erroll and Sir Patrick Gordon of Auchindoun, knight, whereby they were summoned to have compeared before our said sovereign lord and estates of parliament at a certain day bygone, with continuation of days, to have answered to the points and crimes of treason and lese-majesty 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, Robert Stewart, David Bryson, Alexander Douglas and James Chalmers, macers, Ormond, Bute, Unicorn and Carrick, pursuivants, John Blindseil, Bute, pursuivants, Robert Fraser, Unicorn, pursuivants, etc., 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 William, earl of Angus, George, earl of Huntly, Francis, earl of Erroll, and Lord Patrick Gordon of Auchindoun, knight, 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, Lanark, Aberdeen, Perth, Banff etc., 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 20 May next in our parliament held at Edinburgh on 18 May, 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; namely the said William, earl of Angus, George, earl of Huntly, Francis, earl of Erroll, Lord Patrick Gordon of Auchindoun, knight, etc., and any of them, for their treasonable conspiracy, collusion and resolve concerning the horrible crime and deed which was destined for execution, for the alteration of the status of our realm and of the true religion professed by us, and our upright and loyal lieges, following the word of God Almighty, and approved by acts of our parliament, and confirmed by our laws, and that especially in the months of June, July, August, September, October and November, or some of them, in the year of the Lord 1592, in their plotting and meetings with Master James Gordon and Master Robert Abercrombie, Jesuits and seminary priests, and with Master George Kerr and the late David Graham of Fintry and any of them, excommunicated papists, regarding the letters sent and addressed by Master William Crichton and Master James Tyrie, Jesuits from Spain, to the foresaid Master James Gordon, and in their treasonable consultation and resolve in that regard, in which it is declared how diligently and with what assiduity they worked with the king and council of Spain, in return for cash and troops to be sent to Scotland, to the extreme overthrow and alteration of the religion now professed, and to the invasion of the realm of England, which was delayed only until a certain dignitary could be sent from Scotland with letters of confirmation and other empty letters (blanks) signed by noblemen who had bound and pledged themselves to the part and name of Roman Catholics living in this realm of ours, and had drawn up these letters (the blanks) with the advice of the said Master William Crichton and Master James Tyrie when in Spain, as certain bands, signs and sureties of the foresaid cash and troops, extending to the number of 30,000 armed men to land in the foresaid year from the west of this kingdom near Kirkcudbright or the River Clyde as the wind dictated. For the execution of this impious and treasonable crime, the forementioned empty letters (blanks) had been written, partly in Latin, partly in French, in various forms, together with letters of certification and surety, by the hands of the foresaid William, earl of Angus, George, earl of Huntly, Francis, earl of Erroll and Lord Patrick Gordon of Auchindoun, knight, openly professing and affirming that they were the most humble and most obedient servants of his majesty the king of Spain (to whom those letters were addressed), which manifestly demonstrates the fact of their foresaid treason, because they, bound by nature and by loyalty to us, their king (to whom these empty letters were not sent), treasonably abandoned the allegiance and loyalty due to us, and bound themselves to an alien, foreign king without our consent, and sent empty letters signed by their own hands to him, in which there could be written and included by him and his council whatever seemed good to them, but harmful and detrimental to us, our royal authority, our realm and subjects. Nothing could have been or been devised by them more treasonable after the same letters (the blanks) had been handed over and delivered, to the effect mentioned above, in the month of [...] in the year of the Lord 1592, by the said Master Kerr, together with various diverse seals, stamped on wax, of the said earls. Indeed, this Master George sailed across to Spain, and had been chosen to carry out this criminal deed, and willingly took on the task, and made his way as far as the Isle of Cumbrae, with a full commission from the persons mentioned above who accepted the responsibility upon themselves, on behalf of all the Roman Catholic men of their faction, with a view to working seduluously in return for the receipt of money and troops, with their loyal permission to get ready themselves, their people and armed knights to the extent that the said money was able to achieve. They certainly were to await the arrival and entry of the said Spanish troops and lead the majority of them into England to attack it and the religion professed there. Of these Spaniards 5,000 were to stay within our kingdom permanently, with whom the forenoted traitors, degenerate nobles and all such papists of the Catholic faction living in our realm were to join up, with a view to the alteration of its status and of the religion now professed (of these, whoever overthrows the one overthrows the other, as they are so joined together that if one perishes the other must perish), and with a view to the elevation of masses and the Roman Catholic profession, to the evident peril and detriment of our royal person, the disturbance of the peace of our realm, and the alteration of its entire status, committing thereby nefarious and most manifest treason, against our God Almighty, ourselves, our royal authority and laws; and so in respect of the forenoted, William, earl of Angus, George, earl of Huntly, Francis, earl of Erroll, Lord Patrick Gordon of Auchindoun, knight, etc., 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. 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, 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 their bearer. Also you who have served 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 19 March in the year of the Lord 1593 [1594], and in the twenty-seventh year of our reign.
Here follows the executions and endorsements of the said summons: Upon 28 March the year of God 1594, I, John Blindseil, Bute pursuivant, one of the sheriffs in that part within specified, passed at command of these our sovereign lord's letters within written and in his highness's name and authority lawfully and peremptorily summoned, warned and charged Sir Patrick Gordon of Auchindoun, knight, at his dwelling places respectively of Auchindoun and Gartly. After I had knocked six several knocks at the gates thereof, I affixed an authentic copy of the said letters translated in English upon each one of the said gates respectively foresaid, because I could not apprehend him personally, to compear before our sovereign lord and his highness's justice on 20 May within written in his majesty's parliament to be held at Edinburgh on 18 May foresaid in the hour of cause, with continuation of days, to answer to his highness or his justice in the said parliament upon the treasonable crimes within specified in manner, form and effect as is more expressly within rehearsed, and with intimation to the said Sir Patrick as is within contained after the form and tenor of these our sovereign lord's letters in all points. And this I did before these witnesses, Alexander Hay in Aberdeen, George Grieve, stabler in Edinburgh, and Henry Bell, servant to Laurence Peacock, doctor in the grammar school of Edinburgh, with diverse others. And for the more verification to this my execution and endorsement subscribed with my hand, my signet is affixed. It is thus subscribed, John Blindseil, Bute pursuivant. Upon 29 March the year of God foresaid, I, the said John Blindseil, Bute pursuivant, passed at command of the said letters and in his highness's name and authority lawfully and peremptorily summoned, warned and charged George, earl of Huntly at his dwelling place in Strathbogie because I could not apprehend him personally. After I had knocked six several knocks at the gate of his said dwelling place, I affixed an authentic copy of the said letters translated in English upon the gate thereof, to compear before our sovereign lord or his highness's justice on 20 May within written in his majesty's parliament to be held at Edinburgh on 18 May foresaid in the hour of cause, with continuation of days, to answer to his highness or his justice in the said parliament upon the treasonable crimes within specified in manner, form and effect as is more specially within contained, and with intimation to the said earl as is within written after the form and tenor of these our sovereign lord's letters in all points. And this I did before these witnesses, John Hamilton, servant to the said George, earl of Huntly, Alexander Hay in Aberdeen, George Grieve, stabler in Edinburgh, the foresaid Henry Bell, with diverse others. And for the more verification of this my execution and endorsement, my signet is affixed. It is thus subscribed, John Blindseil, Bute pursuivant. Upon the said 29 March the year of God foresaid, I, the said John Blindseil, Bute pursuivant, passed at command of the said letters and in his highness's name and authority lawfully and peremptorily summoned, warned and charged Francis, earl of Erroll, personally apprehended and delivered him an authentic copy of the foresaid letters translated in English to compear before our sovereign lord or his highness's justice on 20 May within written in his highness's parliament to be held at Edinburgh on 18 May foresaid in the hour of cause, with continuation of days, to answer to his highness or his justice in the said parliament upon the treasonable crimes within specified in manner, form and effect as is more specially within contained, and with intimation to the said earl as is within contained after the form and tenor of the said letters in all points. And this I did before these witness, John Leslie of Balquhain, Patrick Con of Auchrie, Alexander Hay in Aberdeen, George Grieve, stabler in Edinburgh, and the said Henry Bell, with diverse others. And for the more verification to this my execution and endorsement subscribed with my hand, my signet is affixed. It is thus subscribed, John Blindseil, Bute pursuivant. Upon the said 19 March the year of God above-written, I, the said John Blindseil, Bute pursuivant, passed at command of the said letters to the market cross of Banff, which is the head burgh of the shire where the foresaid Sir Patrick Gordon, George, earl of Huntly and Francis, earl of Erroll dwells, and there by open proclamation in his highness's name and authority lawfully and peremptorily summoned, warned and charged the said Sir Patrick Gordon, George, earl of Huntly and Francis, earl of Erroll, and affixed an authentic copy of the said letters translated in English upon the said market cross, to compear before our sovereign lord or his highness's justice on 20 May within written in his majesty's parliament to be held at Edinburgh on 18 May foresaid in the hour of cause, with continuation of days, to answer to his highness or his justice in the said parliament upon the treasonable crimes within specified in manner, form and effect as is more specially within contained, and with intimation to the said earls and the said Sir Patrick Gordon as is within contained after the form and tenor of the said letters in all points. And this I did before these witnesses, William Leslie in Edinburgh, Alexander Hay in Aberdeen, George Grieve, stabler in Edinburgh, and the said Henry Bell, with diverse others. And for the more verification of this my execution and endorsement subscribed with my hand, my signet is affixed. It is thus subscribed, John Blindseil, Bute pursuivant. Upon 1 April the year of God 1594, I, John Blindseil, Bute pursuivant, passed at command of these our sovereign lord's letters to the market cross of the burgh of Aberdeen, being the head burgh of the shire where the persons underwritten dwells, and there by open proclamation in his highness's name and authority lawfully and peremptorily summoned, warned and charged the said Sir Patrick Gordon, George, earl of Huntly and Francis, earl of Erroll and affixed an authentic copy of the said letters translated in English upon the said market cross, to compear before our sovereign lord or his highness's justice on 20 May within written in his majesty's parliament to be held at Edinburgh on 18 May foresaid in the hour of cause, with continuation of days, to answer in† his highness or his justice in the said parliament upon the treasonable crimes within specified in manner, form and effect as is more specially within contained, with intimation to the said earls and Sir Patrick Gordon as is within contained after the form and tenor of the said letters in all points. And this I did before these witnesses, Gilbert Guthrie, Marchmont herald, Alexander Hay in Aberdeen, George Grieve, stabler in Edinburgh, and the said Henry Bell, with diverse others. And for the more verification to this my execution and endorsement subscribed with my hand, my signet is affixed. It is thus subscribed, John Blindseil, Bute pursuivant. Upon 2 April the year of God 1594, I, Robert Fraser, Unicorn pursuivant, one of the sheriffs in that part specified in our sovereign lord's letters within written, passed at command of the same and in his highness's name and authority lawfully and peremptorily summoned, warned and charged William, earl of Angus at his dwelling place of Douglas. After I had knocked six several knocks at the gate thereof, I affixed an authentic copy of the said letters translated in English out of the testimonial of his highness's great seal upon the gate of his said dwelling place because I could not apprehend him personally. And also upon the same day and year of God foresaid, I passed to the market cross of Lanark, which is the head burgh of the shire where the said earl dwells, and there by open proclamation lawfully and peremptorily summoned, warned and charged the said William, earl of Angus and affixed an authentic copy of the said letters translated as said is upon the said market cross. And also upon the 5th day of the said month and year of God above-written, I passed to the market cross of Haddington and lawfully and peremptorily summoned, warned and charged the said earl by open proclamation thereat, and thereafter I affixed an authentic copy of the said letters translated as said is upon the said cross. And likewise upon the 8th day of the said month and year of God foresaid, I passed to the market cross of Edinburgh and there by open proclamation lawfully and peremptorily summoned, warned and charged the said earl and affixed an authentic copy of the said letters upon the said market cross, translated as said is, to compear before our sovereign lord or his highness's justice on 20 May next to come in his highness's parliament to be held at Edinburgh on 18 May foresaid in the hour of cause, with continuation of days, to answer to his majesty or his justice in the said parliament upon the treasonable crimes within contained and as more specially is within rehearsed, with intimation to the said earl as is within written, after the form and tenor of our sovereign lord's letters in all points. And this I did before these witnesses, John Finlayson in Edinburgh and George Cunningham there, with diverse others. And for the more verification to this my execution and endorsement subscribed with my hand, my signet is affixed. It is thus subscribed, Robert Fraser, Unicorn pursuivant.
The 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 William, earl of Angus, George, earl of Huntly, Francis, earl of Erroll and Sir Patrick Gordon of Auchindoun, knight, being ofttimes called of new at the tolbooth window of the said burgh of Edinburgh to have compeared and answer to the said summons and reason contained therein, and they 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 reason of the said summons were relevant against the said three earls and Sir Patrick Gordon of Auchindoun, knight. Which estates, all with one voice, found the same relevant against them. Therefore the said advocates of new, for verifying of the said reason contained in the said summons of treason, produced and repeated the whole eight blanks in paper, two thereof subscribed by the said Earl of Angus only, the other two by the said Earl of Huntly only, the other two subscribed by the said Earl of Erroll only, and the other two subscribed by the said earls and laird of Auchindoun, all sent to Spain; and also repeated the whole other probations repeated by him of before in the said matter this instant day, and desired the said estates of parliament to advise the probations foresaid led and prosecuted in the said matter and to pronounce their sentence of parliament therein according to the same probations and their consciences. And thereafter the whole writs and probations being read, seen and considered by the 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 William, earl of Angus, George, earl of Huntly, Francis, earl of Erroll and Sir Patrick Gordon of Auchindoun, knight, have committed and done open and manifest treason against our said sovereign lord in all points, articles and manner 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 William, sometime earl of Angus, George, sometime of Huntly, Francis, sometime earl of Erroll and Sir Patrick Gordon, sometime of Auchindoun, knight, and each one of them, have committed and incurred the special crime of treason and lese-majesty above-written, the times and in manner at length contained in the reason of the said summons of treason; and therefore decrees and declares all their goods moveable and unmoveable, as well lands as offices and other things whatsoever belonging to them, to be confiscated to our sovereign lord and to remain perpetually with his highness in property in time coming, and their persons to underlie the pains of treason and utter punishment appointed by the laws of this realm; and this I give for doom.
[1594/4/12]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and, for his highness and his successors, perpetually confirm the process, sentence and doom of forfeiture led, prosecuted and pronounced by his highness and estates in parliament held at Edinburgh on 5 June 1592 against Dame Margaret Douglas, countess of Bothwell, James Douglas of Spott, Archibald Wauchope, younger, of Niddrie, Master John Colville of Strathurdie and other persons contained in their process of forfeiture against whom doom is pronounced therein. And likewise our said sovereign lord and his estates ratify and approve and, for his highness and his successors, perpetually confirms the other process, sentence and doom of forfeiture led and prosecuted judicially against Francis, sometime earl of Bothwell ratified and approved in the said parliament held the said 5 June 1592, with the act of deprivation of their posterity made at the said parliament, together with the process, sentence and doom of forfeiture led, prosecuted and pronounced by his highness and estates in the parliament held at Edinburgh, 21 July 1593 against the said Francis, sometime earl of Bothwell, with all conditions, clauses and circumstances thereof. And our said sovereign lord and his said estates statute and ordain all the said processes, sentences and doom of forfeiture and act against the posterity to stand in full strength, force and effect and to have due execution in all time coming, and the clerk register and his deputes to register the same.
[1594/4/13]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his three estates of parliament have ratified and approved and by the tenor hereof ratifies and approves the annexation of the temporality of the abbacies of Kelso and Coldingham to the crown in the parliament held at Edinburgh, the [...] day of [...] the year of God 158[...] after the form and tenor of the general annexation of the ecclesiastical lands which were annexed to the crown in the parliament held at Edinburgh upon 29 July the year of God 1587, as our said sovereign lord and his said three estates of new annexes the said temporality of the foresaid abbacies of Coldingham and Kelso to the crown with the limitations, provisions and conditions contained in the said general annexation which are conceived in favour of the vassals, free tenants and feu farmers of the lands pertaining to the said abbeys, which provisions, conditions and limitations and every one of them are repeated in this present act. And our sovereign lord and his said three estates have decreed and declared and by the tenor hereof decrees and declares that the heritable tenants, vassals and feuars of the temporal lands of the said abbeys of Coldingham and Kelso have been in all time bypast, since the annexation of the temporality thereof, are now presently and shall be in all time coming immediate tenants and vassals to our said sovereign lord and his successors and held and shall be held of them and of no others. And further, our said sovereign lord and his said three estates have declared and declares by this act that the foresaid annexation of the temporal lands of the said two abbacies of Kelso and Coldingham depends not from the processes of forfeiture led against Francis [Stewart], sometime earl of Bothwell and commendator of the said abbacies of Coldingham and Kelso, nor yet upon the act and ordinance of parliament by which his bairns and posterity were declared to be unable to possess any lands or benefice within this realm, but that the said annexation proceeds only from our said sovereign lord's authority, with the advice of the said three estates of this realm, and upon the same foundation of the first general annexation of the ecclesiastical lands to the crown.†
[1594/4/14]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates of parliament, statutes and ordains that in all time coming all wilful hearers of mass and concealers of the same be executed to the death, and their goods and gear escheated to his highness's use so soon as they shall be found guilty and convicted thereof or declared fugitive for the same before the justice general or his deputes or the lords of his majesty's privy council.
[1594/4/15]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in this present parliament, ordains all presbyteries within this realm to cause lawfully summon and charge all persons papists or suspect of papistry within the bounds of their presbyteries, personally or at their dwelling places, to compear before the said presbyteries and satisfy the kirk and presbytery where they remain and make residence between now and 1 August next to come. And in case of their non-compearance or compearing shall refuse to give obedience and make satisfaction as said is between now and the said day, his highness, with advice of his estates foresaid, ordains signification thereof to be made by the presbytery to his highness's privy council, and upon the said signification, the privy council to direct letters charging the said persons papists or suspected of papistry to compear before them and produce sufficient testimonial of the presbytery where they remain of their satisfaction as said is, under the pain of rebellion and putting of them to the horn; and if they fail, to denounce them thereto; by the which denunciation, our said sovereign lord and estates foresaid declare that not only their moveable goods shall fall in escheat and be confiscated to his highness's use, but the liferent of whatsoever their lands, rooms, possessions and others belonging to them shall appertain to his highness as escheat, to be intromitted with and disposed upon as he thinks good. And in like manner declare that whatsoever person or persons shall harbour, supply or entertain the said papists after the intimation of their disobedience and denunciation as said is shall incur the same penalty of loss of their goods, gear and liferent. And to the effect that the premises may be the better accomplished, his highness and estates foresaid declare that in case the said presbyteries be found remiss or negligent in citation of the said persons before them to the effect above-written, the ministers of the said presbytery, or any one person of the ministry thereof in whom the fault shall be tried, shall lose the one half of their benefice or stipend that year, and the collector or his deputes shall uplift the same to be conveyed by advice of the lords modifiers of the minister's stipend, to the help, supply and maintenance of other ministers as yet not provided to sufficient stipends.
[1594/4/16]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in parliament, retreats, rescinds and declares all erections granted and ratified since the act of parliament made in the year of God 1587 regarding the annexation of the temporalities to the crown (which are not specially excepted in the said act from the said annexation) to be null and of no value, force nor effect.
[1594/4/17]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his estates in this present parliament decree and declare all common kirks to be of the same nature of other parsonages and vicarages, and ordain the same common kirks to be conferred by presentation of the lawful patrons and sufficient collation to ministers serving thereat, seeing they are benefices of cure.
[1594/4/18]*[print] [email] [cite] [preceding] [following]
Forasmuch as there are diverse persons denounced rebels, who being suspected of papistry of before and fearing the sentence of excommunication to have followed against them, have procured the gifts of their escheats and liferents conveyed by our sovereign lord to their bairns or other conjunct persons upon hornings executed against them for civil causes, and nevertheless have retained the possession of their whole goods, gear, lands and possessions as if they had remained his highness's faithful and obedient subjects, which has given them occasion to continue in their rebellion, as also in their superstitious opinion of papistry and remaining under the said sentence of excommunication in manifest contempt of God, his true religion and laws of this realm. For the repressing of which contempt and remedy thereof, our said sovereign lord, with advice of the estates in this present parliament, decrees and declares all and whatsoever gifts of escheat and liferents granted to the said bairns and conjunct persons of any of the forenamed persons, denounced rebels and put to the horn for whatsoever cause, who being suspected of papistry of before have suffered the sentence of excommunication to pass against them, and whose goods, gear, lands and possessions may be verified to have remained in their own possessions as if they had remained faithful and obedient subjects, to have been from the beginning and to be in all time coming null and of no value with all that has followed or may follow thereupon, notwithstanding whatsoever decreets or declarators given and passed in favour of the said rebels, their bairns or conjunct persons; and the right of the said escheat goods, gear and liferents to have pertained and to pertain to our said sovereign lord and to be at his gift and disposition as freely as if the said pretended gifts and dispositions thereof had never been granted nor conveyed to their said bairns and conjunct persons, and as if declarator had not passed thereupon.
[1594/4/19]*[print] [email] [cite] [preceding] [following]
Item, our sovereign lord and estates of this present parliament ratify and approve the acts made by his highness of before regarding the discharging of holding of markets on the Sabbath day with this addition: that whosoever profanes the Sabbath day by selling or presenting and offering to be sold upon the said day any goods or gear or whatsoever other merchandise, by themselves or any other in their name, and being three several times lawfully convicted thereof, either before the provost and bailies within burgh where the profanation shall happen to be committed, or before certain commissioners and justices in every presbytery to be appointed by the king's majesty, with advice of his privy council, their whole goods and gear shall be escheated to his highness's use and their persons punished at the will of his majesty, with advice of his secret council.
[1594/4/20]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding there are sundry feuars and possessors having kirklands near adjacent to the kirk where there has been no manses nor glebes of old, nor yet designed of new, and considering [that it would be both against reason and good conscience]† that there should be a glebe designed only of the said kirklands that pertains to one feuar and possessor and not of the rest, and specially where the whole lands within the parish or a great part of the said lands are similarly held of the kirk and pay the same duty, therefore, to the effect that the ministers may be the better answered of their manses and glebes in time coming and enter thereto without any trouble or contention, according to the former act of parliament made regarding manses and glebes of the ministers, statute and ordain that where designation of manse and glebes be made and taken from kirkland (the whole parish or one great part thereof being kirkland, and the minister notwithstanding designed to the kirkland most nearest and adjacent to the kirk), that the feuars, possessors and tacksmen out of whose lands the manses or glebes are designed shall have their relief of the remaining parishioners who are feuars, possessors and tacksmen of kirklands lying within the said parish proportionally.
[1594/4/21]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in this present parliament, finds and declares that no beneficed man under a prelate within this realm may in time coming set longer tacks of teinds, or other pertinents of their benefices, without the consent of their patrons, except for the space of three years only.
[1594/4/22]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament make void, annul and abrogate the act of parliament made at Edinburgh, 5 June the year of God 1592 in favour of the vassals of the persons forfeited, and decrees and declares the said act to have no strength, force nor effect and to be deleted out of the books of parliament.
[1594/4/23]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that diverse persons who have committed the crime of treason and lese-majesty in defraud of his highness and his donators have made diverse bonds, obligations, letters of tacks, assignations, gifts of pensions, letters of factory and diverse other gifts and dispositions as if the same had been made and granted by them between† the crime of treason attempted by the said persons forfeited, for remedy whereof, it is statute and ordained that no letters of pension, factory, bonds, obligations or assignations made or granted by any person forfeited shall be valid, effectual, sufficient nor if any action without the same be either lawfully confirmed by his majesty or authorised by a decreet of the ordinary judge obtained before the said persons forfeited were first summoned and challenged for the crimes of treason for which they were forfeited, notwithstanding whatsoever confirmation or decreet obtained and following thereupon since their said first citation upon the crimes of treason laid to their charge. And in special our sovereign lord, with advice of his estates in this present parliament, statutes, decrees and declares whatsoever contract, obligation or disposition of lands, goods and gear in any way made by William [Douglas], sometime earl of Angus, George [Gordon], sometime earl of Huntly, Francis [Hay], earl of Erroll and Sir Patrick Gordon of Auchindoun, persons forfeited in this present parliament, in prejudice of his highness and his donators since the said persons forfeited were first summoned to hear and see them forfeited, to be null and of no value, force nor effect with all that has followed or may follow thereupon.
[1594/4/24]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the acts of parliament made by King James II and King James V entitled 'Regarding the annexation of lands to the crown', and specially the act made by the said King James II upon 4 August 1455, and also another act made by the said King James V upon 3 December the year of God 1540 and whole points, articles and clauses specified therein, and all other acts made by any of our sovereign lord's predecessors concerning the keeping of the annexed property to remain with the crown. And further, our said sovereign lord, with advice of his estates in parliament, declares that all persons who have uplifted, received and intromitted with or shall hereafter intromit with at his highness's special command any of the king's annexed property by virtue of the said acts of parliament shall incur no danger of ejection, deprivation or wrongful intromission, and declares that they shall be quit and free thereof and all action that may follow thereupon. And likewise our sovereign lord and estates in this present parliament find, decree and declare the act of dissolution made by our sovereign lord in his highness's minority in the parliament held at Edinburgh in the year of God 1584, and all others acts of dissolution made by his highness or his said predecessors in their minorities, although the same acts and infeftments following thereupon be ratified in parliament in their majority, to be null and of no value, force nor effect with all that has followed or may follow thereupon.
[1594/4/25]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in this present parliament, statutes and ordains that it shall be permissible to his highness to set all his old proper lands, both annexed and unannexed, in feu ferm, so that it be not in diminution of his rental, grassums or other duties but in augmentation of the same, with such clauses and conditions as he thinks expedient, to the effect foresaid; and that the lands that he sets in his time stand perpetually to the heirs after the form of their condition; and that this dissolution endures for the lifetime of the king, our sovereign lord that now is, only, so that the lands which he sets in his time with the conditions foresaid shall stand perpetually; and after his death, the annexations made of before to return again to the own nature, so that his successors shall not have power to alienate nor set in feu more than they had before the making of this statute, providing that this statute shall not extend to the setting in feu ferm of any of our sovereign lord's castles, palaces, yards, woods, parks, forests, pastures for sheep and cattle, and in special the Lomonds of Falkland, coal-works and offices, but the same to remain inseparably annexed to the crown notwithstanding this present dissolution. And our sovereign lord and his estates foresaid decree and declare that this present dissolution is and shall be only to this effect: that the said annexed lands shall be set in feu to the ancient and kindly tenants, possessors and occupiers of the ground who were infeft by our sovereign lord and his predecessors of before, and to all other persons which have heritable infeftment of feu ferm granted to them by our sovereign lord or any of his predecessors, they seeking their infeftments of feu ferm and paying their compositions thereof to be modified by his highness's comptroller, with advice of John [Maitland], lord Thirlestane, chancellor, John [Erskine], earl of Mar, lord Erskine, John [Graham], earl of Montrose, lord Graham, Alexander [Livingston], lord Livingston, Robert [Seton], lord Seton, Mark [Kerr], lord Newbattle, master of requests, Master Thomas Lyon of Baldukie, treasurer, Sir John Cockburn of Ormiston, knight, justice clerk, Walter [Stewart], commendator of Blantyre, keeper of the privy seal, Master Robert Douglas, provost of Lincluden, collector general, Sir John Carmichael of that Ilk, knight, Master David Carnegie of Colluthie [and Kinnaird], Alexander Hay of Easter Kennet, clerk register, Alexander Home of North Berwick Mains, provost of Edinburgh (or any seven of them, the said comptroller being always one), between now and 1 August 1595; otherwise that it be lawful to his majesty to set the said annexed lands now dissolved to whatsoever persons his highness thinks expedient, always on condition of augmentation of his highness's rental as said is. And also ordains this present act of dissolution to be extended in favour of the queen's majesty, to have such rights and infeftments of whatsoever lands pertaining to her as she had before.
[1594/4/26]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in this present parliament, ratifies and approves and for his highness and his successors perpetually confirms the act made by his noble progenitors King James I of worthy memory against leasing makers, the act made by King James II entitled 'Against leasing makers and tellers of them', the act made by King James V entitled 'Of leasing makers', and the act made by his highness himself, with advice of his estates in parliament, upon 22 May the year of God 1584, entitled 'For punishment of the authors of slanders and untrue calumnies against the king's majesty, his council and proceedings, to the dishonour and prejudice of his highness, his parents, progenitors, crown and estate'; as likewise the act of his highness's parliament held at Linlithgow upon 10 December the year of God 1585 entitled 'Against the authors of slanderous speeches or writs'. And statutes and ordains all the said acts to be published of new and to be put into execution in time coming with this addition: that who ever hears the said leasings, calumnies or slanderous speeches or writs to be made, and apprehends not the authors thereof, if it lies in his power, or reveals not the same to his highness or to one of his privy council or to the sheriff, stewart or bailie of the shire, stewartry or bailiary in regality or royalty or to the provost or one of the bailies within burgh, by whom the same may come to the knowledge of his highness or his said privy council, through which the said leasing makers or authors of slanderous speeches may be called, tried and punished according to the said acts, the hearer and non-apprehender, and (if it lies in his power) concealer and non-revealer of the said leasing makers and authors of the said slanderous speeches or writs, shall incur the same pain and punishment as the principal offender.
[1594/4/27]*[print] [email] [cite] [preceding] [following]
It is statute and ordained by our sovereign lord and estates of this present parliament that the duty granted by the estates to his majesty upon the wine be thankfully paid to his majesty's collector in all time coming, within the space of 10 days next after their arriving within this country; and to this effect, ordain the provost and bailies of each burgh within whose bounds and jurisdiction any wine shall arrive in time coming to take sufficient caution and surety of the merchants, mariners and other importers of the said wine, that they shall thankfully pay the said duty granted to our sovereign lord thereof within the space foresaid to his highness's collectors appointed for collection thereof, and hereupon ordain letters to be directed (if need be) both to charge the said provost and bailies to take the said caution; as also either to charge the caution or then the importers at the pleasure of the collector to make payment of the said duty to his highness within the said 10 days next after their arriving within this realm, under the pain of rebellion. And if they fail therein, the said 10 days being bypast, to denounce them rebels and put them to the horn, and that they be not relaxed therefrom to the time they pay the double of the said duty to the collector for their contemptuousness.
[1594/4/28]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, has united, annexed and incorporated and by the tenor of this present act unites, annexes and incorporates in his highness's patrimony and to his crown, to remain therewith inseparably in all time coming, all and sundry the feu mails and blench duties of all lands, lordships and baronies which pertained of old to whatsoever benefice within this realm and have been erected in temporal livings before or since the act of annexation made in July 1587. And therefore have made void and annulled and by the tenor hereof makes void and annuls all and whatsoever pensions and other dispositions made by his majesty heretofore since the said act of annexation to whatsoever person or persons of any part or pertinent thereof are of any temporalities of vacant benefices fallen in his highness's hands at any time since the said act of annexation, and that be esteemed in all time coming null and of no value, notwithstanding whatsoever confirmation or grant thereof in parliament or otherwise.
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Item, because that the sureties of all officers of arms admitted by the lyon king of arms are found to him and his clerk, it is therefore statute and ordained that they be charged twice in the year to produce their books of sureties, to the effect our sovereign lord and his treasurer be not defrauded of the half of the penalties for the deprived officers; and this to be used by the treasurer in such sort as the sheriff clerks are ordained to produce their hornings, to the effect that execution may follow thereupon and the treasurer to be charged with his reset of the foresaid penalties in his accounts. And further ordains all the said officers that have [not]† found sufficient caution for due administration in their office, or whose cautioners are deceased or are not sufficient, to find caution of new between now and 1 August next to come; otherwise, the not finding of the said caution is presently declared to be the cause of their deprivation. Which deprivation shall be immediately published at the market crosses of the sheriffdoms where the said officers remains, and all their executions from thenceforth to be unauthentic and null.
[1594/4/30]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in this present parliament, understanding that in times bygone his highness and his treasurer have been greatly prejudiced regarding the escheats of such persons as have been orderly denounced rebels and put to the horn; and that through collusion of parties after their lawful denunciation, the escheats being come in his highness's hands, agrees with the parties at whose instance they are denounced, and intends reduction against the party, the king's treasurer and advocate for annulling of the process of horning and denunciation led against them and obtains decreet therein by production of antedated discharges and acquittances, as if the sums or cause they were charged for had been paid, done and fulfilled long before the denunciation. For remedy whereof, it is statute and ordained that whensoever any party grounds their reasons of suspension or reduction for annulling of hornings upon payment or satisfaction made before the denunciation, and produces acquittances and discharges thereupon, the producer thereof shall be held in presence of the lords to make faith, solemnly sworn that the acquittances and discharges produced are true in themselves, made and subscribed of the same date as they were produced; otherwise the users of the said acquittances not to be heard to ground any reasons of suspensions for annulling of hornings upon such acquittances and discharges, nor to use the same against his highness and his treasurer.
[1594/4/31]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his estates in this present parliament, foreseeing that his whole woods, forests, parks, enclosures, female deer, roe deer, harts, hinds, fallow deer, pheasants, fowls and other wild beasts within the same are greatly destroyed and daily decreases by reason the acts and statutes which are set down against the destroyers of the said woods, forests, parks, enclosures and slayers of the said wild beasts have not been put into execution, so that all men have taken liberty to destroy and slay at their own appetites. For remedy whereof, and better maintenance of his highness's royal pastime in time coming, it is statute and ordained that whatsoever person or persons at any time hereafter shall happen to cut any timber or green wood within his highness's woods or parks, or shall happen to slay deer, harts, pheasants, fowls, partridges or other wildfowl whatsoever, either with gun, crossbow, hand-bow, dogs, hawks or snares or by other engine whatsoever within the same, or that be found shooting with any gun therein without special licence and tolerance of his majesty had and obtained thereto, or that slays any of his highness's deer straying in time of storms to barnyards or other parts most nearest seeking their food, or be found tried to have shot with hackbut in the winter night within any of the foresaid woods or parks, or within the space of one mile thereabouts, whether they be apprehended slaying the deer or not, that their whole goods and gear shall be escheat and seized to his highness's use, and their persons punished at his highness's will; and this to be an ordinary point of indictment, and the offender to be criminally accused hereon in all times hereafter. And also it is statute and ordained that if any person or persons shall happen to put any of their goods within the said woods, forests, parks or enclosures, the same shall be confiscated and escheat; and that it shall be permissible to the keepers to intromit therewith at their own hands without any further process of law, and they to be free of all danger and action that in any way may follow and ensue thereupon, the one half to be employed to our sovereign lord's use and the other half to the foresters and keepers. And likewise it is statute and ordained that no person nor persons shall hunt nor hawk within the bounds of six miles to any of his highness's woods, parks, castles and palaces; and in case any do in the contrary, that each person contravening shall pay the sum of £100 money, the one half thereof to the informer of them and the other half to his highness's use; and also whatsoever person shall be discovered or tried to have slain harts or any kind of wildfowl in snow or any other time with guns or snares, or yet be found to have shot at duck, drake or hare or other wildfowl with a hackbut within any part of this realm, that they shall be subject to the foresaid penalty of £100. And in case they or any of them be not responsible, to be punished in their persons at his highness's will and pleasure.
[1594/4/32]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in parliament, ratifies, approves and confirms all and whatsoever privileges, liberties and immunities granted of before by his majesty and his most noble progenitors to the chancellor and whole senators, both spiritual and temporal, and members of the college of justice, for maintenance of them in their persons, honours and dignities and for possessing of their lands, rents, benefices and pensions in such form as is contained in the first erection of the said college and as they and their predecessors have held and possessed since then, according to the ratification thereof in parliament or in any other acts, laws or statutes made by his majesty or his predecessors in favour of the said college, senators and members thereof in all points, notwithstanding whatsoever acts or constitutions that may appear to derogate the same.
[1594/4/33]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in this present parliament, statutes and ordains that no senators of the college of justice ordinary or extraordinary shall sit or vote in any action or cause intended or to be intended before them where the parties, pursuer or defender, is either their father, brother or son, so that the father shall in no way be judge in the son's cause, the son in the father's cause, nor the brother in the brother's, but be declined therein.
[1594/4/34]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of the parliament, considering the great damage that the lieges sustains through the sitting of the session after 1 August, harvest being in many parts of the country already then begun, and understanding that the lords of session are content during the whole summer session to enter in the tolbooth and call matters daily at 8 o'clock, whereas their ordinary diet was not until 9 o'clock, therefore statutes and ordains that the harvest vacation shall begin on 1 August and the session to sit to 31 July inclusive.
[1594/4/35]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that sundry of his highness's lieges are heritably infeft in diverse lands and annualrents within this realm; likewise their predecessors and ancestors from whom their right thereof proceeds have been heritably infeft in the same lands and annualrents, and by virtue of their several infeftments and liferents therein reserved, they and their predecessors and ancestors (from whom their right thereof proceeds) have held the foresaid lands and annualrents by the space of 40 years together, notwithstanding whereof the said infeftments made and granted to them and their predecessors and ancestors are sundry times drawn in question for lack and want of procuratories of resignation, instruments of resignation, precepts of clare constat or other precepts of sasine which are not extant to be produced and used in respect that the same are lost, partly by iniquity of time, partly by perishing of protocols and scrolls of notaries, partly for not delivering of the same by the persons, sellers and conveyers thereof, partly because the evidents of comprised lands used to be abstracted and withheld upon malice of parties, and partly as evidents not thought necessary to have been kept after such long time, by reason that the charters makes mention of the procuratories and instruments of resignations, and instruments of sasine makes mention of the precepts of sasine whereupon the same proceeds. For remedy whereof, our said sovereign lord, with advice of the said estates and whole body of this present parliament, finds, decrees and declares that none of his highness's lieges may be compelled after the space of 40 years to produce procuratories or instruments of resignation, precepts of clare constat or other precepts of sasine of lands or annualrents whereof the present heritable possessors and their predecessors and authors and other persons by virtue of liferents reserved in the said infeftments are and were in possession by the space of 40 years together, and that the wanting and lack thereof, nor none of them, shall be no cause of reduction of the infeftments granted to the proprietors or their predecessors or ancestors of the lands or annualrents whereof the charter or charters (making mention of the resignation or resignations to have been made, and the instrument of sasine making mention of the precepts of sasines by virtue whereof the sasines were given) are extant; and wills, statutes and ordains that this act shall be extended to all procuratories and instruments of resignation, precepts of clare constat or other precepts of sasines, the wanting and lack whereof and none of them shall be no cause of reduction nor other quarrel whatsoever after the space of 40 years where infeftments have taken effect by possession by the said space of 40 years in manner above-rehearsed, and where the charters and instruments of sasine are extant as said is.
[1594/4/36]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament statute and ordain and declare that no ratifications granted in favour of particular parties in this present parliament shall be hurtful or prejudicial to any of the lieges of the realm not heard nor called specially thereto, but all the ratifications shall be understood and interpreted saving the right of anyone.
[1594/4/37]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament statute and ordain that in time coming it shall not be permissible to any lords of session, ordinary or extraordinary, advocates, clerks, writers, their servants or any other member of the college of justice, or any inferior judgments within this realm, their deputes, clerks or advocates, directly or indirectly by themselves or any others in their names to their benefit or utility, to buy any lands, teinds, rooms or possessions which are depending in controversy or question between any parties, or have been depending and not as yet decided, which if they or any of them do and contravenes the premises, the said lords of session, advocates, clerks, writers, their servants or any other member of the college of justice or any inferior judgments within this realm, their deputes, clerks and advocates shall lose their office, place and all privileges and immunities held or that may be held by them by virtue thereof.
[1594/4/38]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, understanding the great disorder which has arisen and daily does arise among his highness's lieges where as persons wrongfully intruding themselves in the rooms and possessions of others by violence and force being altogether unresponsible themselves, maintains their possession thereof, and when they are challenged before the lords of the session or other judges ordinary by the party grieved, the persons, intruders of themselves in such possession, delays the matter by proposing peremptory exceptions which are not of verity, and delays upon the probation thereof; and after long plea, when as the party grieved has received decreet ordaining him to be repossessed to his room and profits thereof, his party being unresponsible altogether, gets no commodity thereof; for remedy of which, it is statute and ordained that in all time coming the party pursued by another for ejection shall find caution for the violent profits as in cause of removing the first diet of the litiscontestation, or otherwise decreet to be given ordaining the party to be repossessed.
[1594/4/39]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his estates in this present parliament, having consideration of the great trouble and inconvenience at sundry parliaments through presenting of a confused multitude of doubtful and informal articles and supplications, for remedy whereof in time coming, statute and ordain that whenever the parliament is appointed and ordained to be proclaimed, a convention shall be appointed of four of every estate to meet 20 days before the parliament to receive all manner of articles and supplications concerning general laws or touching particular parts; which articles and supplications shall be delivered to the clerk register and by him presented to the persons of the estates to be considered by them, to the effect that things reasonable and necessary may be formally made and presented in a book to the lords of articles in the parliament time, and all impertinent, frivolous and improper matters rejected, and that no article or supplication wanting a special title or unsubscribed by the presenter shall be read or answered in that convention or parliament following the same. It is always provided that his majesty may present such articles as he thinks good concerning himself or the commonwealth of the realm at all times when he thinks expedient.
[1594/4/40]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, having consideration of the manifold oppressions done within this realm and for the most part occurring between parties contending in justice by proud and disorderly braggers, boasters and oppressors, and understanding that there was an act of parliament made of long time bypast first in the days of the late Mary [of Guise], queen dowager, his highness's grandmother of worthy memory, which was only temporal for the space of three years next following, and approved by his highness in his parliament held at Edinburgh in the month of May 1584, whereby it was found and declared that if any person, either pursuer or defender, should happen to slay or wound to the effusion of blood or otherwise to invade one of them, another in any sort whereupon they might be criminally accused, after the raising of the summons or precepts and lawful execution thereof or in any time before the complete execution to be recovered thereupon, the committer of the slaughter, blood or invasion in manner foresaid, or being accessory thereto, assists or counsels thereof, if it be the defender, he shall be condemned at the instance of the pursuer, if he be alive; or in case of his death, the nearest of his kin who is slain, without any probation of the libel, except summary cognition to be taken of the slaughter, bloodshed or invasion before the justice or any other judge competent thereto. And if the pursuer slays, wounds or invades the defender as said is, or be accessory thereto, assists or counsels thereof, cognition being taken in case the defender be alive, or in case of his death, the nearest of the kin shall have absolvitor from the pursuer's libel. And if the slayer, shedder of blood or invader as said is has lands or liferents and is denounced rebel and put to the horn for not finding surety, or non-compearance to underlie the law for the said slaughter, bloodshed or invasion, in that case the slayer, shedder of blood or invader immediately after the denunciation shall lose the benefit of his liferent of whatsoever his lands, offices or commodities as in the said acts and statutes made thereupon at more length is contained, which last act was also temporal, to endure for the space of seven years. And now it being known to his highness and the said estates how necessary the same is to be always observed and kept in continual observance as a universal law in all time coming for repressing of the said invasions, therefore his highness, with advice of the said estates and whole body of this present parliament, ratifies, approves and affirms both the said first and second acts, with the whole points, articles and conditions contained therein, and ordains the same to stand as a perpetual law in all time coming.
[1594/4/41]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding the abominable and odious cruelty that has been sometimes heretofore used within this realm by children against their parents in murdering of them and taking of their lives most unnaturally, has therefore statute and ordained that whosoever he be that has slain or shall hereafter slay his father or mother, grandfather or grandmother and has been already or shall be hereafter convicted by an assize, the committers of the said crime and his posterity in a direct line shall be disinherited in all time hereafter from their lands, heritages, tacks, possessions and the same shall appertain to the next collateral and nearest of blood who otherwise might succeed failing of the right line.
[1594/4/42]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates in this present parliament, in respect of the great dearth and scarcity of all kind of butcher meat, statute and ordain that in all time coming the time of Lent shall be certain from 1 March inclusive to 1 May exclusive, and that no lambs nor young veal within one year old be slain or eaten before Whitsunday [May/June] yearly under the pains following. And also ratify, approve and confirm the acts of parliament made of before against the eaters of meat in Lent or on the Wednesday, Friday or Saturday in every week, except the penalty appointed in the said acts against the contraveners thereof, which our sovereign lord and estates foresaid make void, annul and hold that point of the same as deleted and reserve the said penalty as follows to the effect the same may be the better executed: That is to say, whosoever shall be tried to have contravened the same, for the first fault, shall be adjudged in the sum of £10 money; for the second fault, in the sum of £20; and for the third, in the sum of £40; and so ordain the pain to be multiplied according to the contempt and for every contravention of the said acts. And that the same may take the better effect, our sovereign lord and estates foresaid ordain that within burghs, his highness's treasurer nominate a sufficient person, and that every burgh nominate another who shall have power to try, search and seek whatsoever persons, contraveners of this present act, and pursue them before the justice general or his deputes monthly for the same. And in case of conviction of any person or persons, ordain the one half of the penalty to appertain to our sovereign lord, and the other half to the burgh where the conviction shall happen to be, to be employed by them as they shall think good. Which act our said sovereign lord and estates foresaid ordain to be put to execution in time coming without exception or pretence of any former licence granted before the date hereof, as well against the eaters as against the butchers, cooks, hostellers and other preparers thereof, and that no licence be granted hereafter unless a sufficient testimonial be shown to our sovereign lord's treasurer by a minister of God's word and doctor of medicine, apothecary or surgeon of the infirmity of the person that suits and craves the same, otherwise the licence to be null. And in case the person, obtainer of the said licence, be challenged for contravening of this present act, the licence shall not be sufficient to absolve the person accused, except the same, together with the foresaid testimonial, be likewise produced and shown in judgement.
[1594/4/43]*[print] [email] [cite] [preceding] [following]
Forasmuch as usury and ocker is a great crime condemned by the laws of God and all commonwealths, and yet has been over frequently used within this realm these diverse years bygone through want of a certain pain and punishment, therefore our sovereign lord, with advice of his estates in this present parliament, statutes and ordains that who ever commits usury or ocker in time coming directly or indirectly, that is to say takes more profit for the lending of money than as it comes to £10 in the year for £100, or £5 victual, and so proportionally, whether the same be great or small upon security, pledge or obligation, act or contract beforehand or after the year or time, shall be accounted and esteemed usurers and ockerers, and the party, payer or obliged for the said unlawful profit revealing the same shall have repayment of his pledge, security or discharge of his obligation, act or contract for his reward. And if the party, receiver, conceals the receipt thereof, whatsoever other man that reveals and verifies the said ocker shall have the said benefit and right to the sums of money given for ocker as the giver might [have]† had in case he had revealed it himself, and the party, receiver of the said unlawful profit or contractor relating thereto, to lose the principal sum and stock which was employed by him for payment of the said unlawful profit and ocker.
[1594/4/44]*[print] [email] [cite] [preceding] [following]
Item, because the bursars, students and masters of colleges are greatly drawn from their studies and ofttimes incurs great damage and peril themselves and do damage to others through their licentious liberty in resorting night and day to free burghs armed with swords, pistols and other weapons, therefore our sovereign lord and estates of this present parliament ordain the provost and bailies of his majesty's free burghs, in case they find the foresaid persons or any of them wandering night or day within their said towns armed in manner above-specified, to take and intromit with their armour and to dispose upon the same as they think good.
[1594/4/45]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that the acts of parliament made against slayers of black or red fish in forbidden time, destroyers of smolts and fry of salmon have not been put into execution in times bygone by reason of the jurisdiction of the sheriffs of every sheriffdom impeding the provost and bailies of burghs to prosecute justice relating thereto, have therefore ratified and approved the former acts made regarding slaying of salmon fish in forbidden time and destroying of smolts etc., and declares that it shall be lawful to the provost and bailies of every burgh in time coming to proceed against the contraveners of the said acts, if they shall happen first to arrest and apprehend them, before they be challenged by the sheriff or his deputes, notwithstanding that by the former acts the said power was restricted to the said sheriffs.
[1594/4/46]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in this present parliament, ratifies, approves and confirms the act and statute made in his highness's parliament held at Edinburgh upon 5 June the year of God 1592 in favour of the free burghs of this realm and their liberties and privileges against unfree traffickers and regarding using of crafts in all the suburbs of the said burghs, specially bearing that all manner of persons, inhabitants of the said burghs, exercising any manner of trafficking in merchandise, or having exchange within the same, shall bear their part of all stents and taxations, watching and warding in all duties and suits pertaining to our sovereign lord, the benefit of the realm and utility of the burgh, as at length is contained in the said act and all clauses and conditions therein contained, with this addition: that the same shall be extended to all merchants or craftsmen, as well free as unfree, that have no other dwelling place but within burgh and have their commodity within the same burgh and bears no burden of taxation without the same burgh.
[1594/4/47]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in this present parliament, ratifies and approves the acts and statutes made by his highness's most noble progenitors of worthy memory concerning the upholding of lands given in conjunct infeftment, as well to burgh as land, and for the better execution thereof and reparation of the decayed policy within burgh, statutes and ordains that the provost and bailies of each burgh shall at the instance of the heritors of the lands within the same, upon citation of party, take summary cognition of the estate of the lands, houses or tenements within the burgh by a suitable inquest of the neighbours thereof. And if the same be found old, decayed and ruinous in roof slates, doors, windows, flooring, lofts, timber work and walls, or any of them, and a long† built of old and through long time decayed in such sort that it be already inhabitable, or that within short time may become inhabitable, in that case to decree that the conjunct-fiar or life-renter shall repair the said lands and tenements in the parts thereof decayed as shall be found by the said inquest within the space of a year and a day next after they be required thereto by the heritors; and failing thereof, declares that it shall be free to the said heritors to enter to the possession of the same, to have the setting, raising, using and disposing thereupon in all times coming as if there were no liferent or conjunct fee standing thereof, providing always that sufficient security [in the burgh]† where the lands or tenements lies be taken for termly payment to the conjunct-fiars or life-renters thereof enduring their lifetime of such mail and duty as the same presently gives the time of the said cognition or might reasonably if in that estate in case it be not presently set, deducting always the annualrents and other burden lying thereupon, and this to be extended to all burnt and wasted lands and against all conjunct-fiars present and to come within burgh.
[1594/4/48]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his estates in this present parliament, considering that notwithstanding the sundry acts made by his highness and his more noble progenitors for punishment of the authors of theft, robbery, oppression and sorning and masters and sustainers of thieves, yet such has been and presently is the barbarous cruelties and daily harrying of the wicked thieves and rogues of the clans and surnames following inhabiting the highlands and isles, they are to say Clangregor, Clanfarlane, Clanmaclaren, Clandowal, Clandonnachie, Clanchattan, Clanchewill, Clancameron, Clanronald in Lochaber, Clanranald in Knoydart, Moidart and Glengarry, Clanmacleod of the Lewis, Clanmacleod of Harris, Clandonald south and north, Clangilliane, Claneoin, Clankinnon, Clanneill, Clankenzie, Clanandries, Clanmorgan, Clangun, Cheilphale and also many broken men of the surnames of Stewarts in Atholl, Lorne and Balquhidder, Campbells, Grahams in Menteith, Buchanans, MacCalls, Galbraiths, MacNabbs, MacNabrichis, Menzies, Fergusons, Spaldings, MacIntoshes in Atholl, MacThomas in Glenshee, Farquharsons in Brae of Mar, MacPhersons, Grants, Rosses, Frasers, Montroses, Neilsons and others inhabiting the sheriffdoms of Argyll, Bute, Dunbarton, Stirling, Perth, Forfar, Aberdeen, Banff, Elgin, Forres, Nairn, Inverness and Cromarty, stewartries of Strathearn and Menteith and likewise a great number of wicked thieves, oppressors and peace-breakers and harbourers of thieves of the surnames of Armstrong, Elliott, Nicolsons, Crosars, Grahams, Irvings, Bells, Carlisles, Beatsons, Littles, Thomsons, Glendinnings, Carruthers, Johnstons, Jardines, Moffatts, Latimers and others inhabiting the borders opposite England in the sheriffdoms of Roxburgh, Selkirk, Peebles, Dumfries and stewartry of Annandale, in the murder, harrying and daily oppression of his highness's peaceable and good subjects in the whole countries adjacent to the highlands and borders, to the displeasure of God, contempt and dishonour of his highness's person and authority and to the wasting and desolation of a good part of the plentiful ground of the country, if speedy remedy be not provided. And understanding that this mischief and shameful disorder increases and is nourished by the oversight, incitement, sheltering, maintenance and non-punishment of the thieves, rogues and vagabonds partly by the landlords, masters and bailies of the lands and bounds where they dwell and resorts, and partly through the counsels, directions, assistance and partaking of the chieftains, principals of the branches, and householders of the said surnames and clans which bears quarrel and seeks revenge for the least hurting or slaughter of any one of their unhappy races, although it were by order of justice or in rescue and following of true men's gear stolen or robbed, so that the said chieftains, principals of the branches, and householders worthily may be esteemed the very authors, fosterers and maintainers of the wicked deeds of the vagabonds of their clans and surnames. For remedy whereof, and that there may be also a perfect distinction by names and surnames between those that are and desires to be esteemed honest and true men and those that are and not ashamed to be esteemed thieves, robbers, sorners and harbourers and sustainers of theft and thieves in their wicked and odious crimes and deeds, it is statute and ordained that there be a roll and catalogue made with all possible diligence of all persons of the surnames foresaid suspected of slaughter, theft, robbery, reset of theft or thieves or sornings within the said sheriffdoms and stewartries, in what towns and parishes and under what landlords, masters or bailies they dwell, that all landlords and bailies be charged to find surety to relieve the king and warden in the borders and over everywhere to make their men, tenants and servants answerable to justice, and to redress parties damaged which have not found the said surety already, that the whole persons suspected and accused of the said crimes shall be given in valentines to their masters, landlords or bailies to be presented before his highness's justice and his deputes and other commissioners or assessors to be appointed at certain days and places, that it may be understood who will be obedient and who disobedient and fugitive, such householders of the said clans as compears to find caution for relief of their landlords, such as compears not to be denounced rebels and fugitives. The chieftains, principal of the branches, and householders to be charged to enter pledges for relief also of the landlords. The pledges to be delivered in keeping to the noblemen, barons and gentlemen that have received greatest and latest harm of the said thieves and sorners of clans and their assisters in their own houses, or with their friends in the country where they think most sure. If the persons complained upon compear and find good surety for relief of their masters and landlords, to hold their tacks and titles. If they compear not, or compearing finds not the said surety, to be denounced rebels and their escheats of tacks to be conveyed to their landlords. For their better relief, the complainer to have action, criminal or civil, against the landlords, masters or bailies or their sureties for the attempt to be committed after the surety found. The value and quantity of the goods stolen or robbed or other damage done shall be referred to the oath of the complainer, the truth of the fact being proven by two witnesses. Or if the party complained on compears not personally before the justice to make his defence, or excuses him not by the oath of his master personally compearing, no landlord to set his land or to suffer his land to be occupied and possessed with his consent or receive mails, grassum or duty from the occupier thereof that being of a clan finds not surety to relieve his landlord between now and 1 August next, which if the landlord omits to seek for his relief, he to be answerable to the complainer, criminally or civilly, as if he had done the deed himself. None of the said clans or other broken men, their wives, bairns, heirs, executors or assignees shall have action, criminally or civilly, against whatsoever person for effecting plunder, slaughter, fire-raising or other alleged violent deed committed against them by any of his highness's lieges, except they instruct with their summons that the person allegedly hurt, plundered, slain or ejected was the king's free liege man the time of that deed, and had found surety to be answerable to justice for relief of his landlord. And to redress parties damaged, every thief and sorner shall be esteemed the man and servant of him whom of he has land in tillage and pasturage, or whom the said thief, sorner or reiver accompanies at conventions, gatherings or at any violent deeds, or on whose ground the thief or reiver is sheltered and tarries 12 hours together with the knowledge of the landlord being of ability and power to apprehend him, or who has received bond of manrent or given bond of maintenance to the thieves or reivers or receives their caulps and herields, or who has had the said thieves and reivers under their assurance or exemption. Two justice courts to be held yearly for the ordinary execution of this present act and statute within every one of the said sheriffdoms and stewartries at least, at Jedburgh for Roxburgh, Selkirk and Peebles; at Dumfries for the sheriffdom thereof and stewartries of Kirkcudbright and Annandale; at Stirling for Argyll, Bute, Dunbarton and Perth, stewartries of Menteith and Strathearn; at Aberdeen for the sheriffdom thereof and Banff; at Elgin or Inverness for the sheriffdoms of Elgin, Forres, Nairn, Inverness and Cromarty. And the expenses of officers, clerks and other things needful to be taken off the readiest penalties and escheats of the said courts, a bond to be made, sworn and subscribed by all noblemen, barons and landed men within the bounds of the said sheriffdoms and stewartries, obliging them to seek the true execution of this present act for their own parts and to concur against the said thieves, rebels and sorners, and to keep ordinary watching and warding and to contribute to that effect in such sort as shall be thought fittest among themselves. Certifying them that shall be found not to convene and further this good work, they shall be held infamous and favourers and partakers with the said thieves and sorners in their evil deeds. And our said sovereign lord, with advice of his said estates, declares that this present act of parliament shall extend not only against all inhabitants of the said special sheriffdoms and stewartries but against the landlords, masters and bailies of all persons that are or shall be suspected and accused of theft, robbery, oppression and sorning over all parts of the realm, and namely against the heritors and life-renters of lands within towns and suburbs thereof which shall be held to enter and present to justice persons dwelling within their tenements and houses suspected to be harlots, thieves, harbourers of thieves or vagabonds; likewise as landlords in highlands or borders for their men and tenants that are thieves and sorners. And therefore that the said heritors or life-renters in towns or suburbs thereof take surety of their tenants to whom they set their houses, for their relief at their own peril. And further, our sovereign lord, with advice of his said estates, ratifies and approves and for his highness and his successors perpetually confirms all former laws and acts made by his highness and his most noble progenitors in any times bygone regarding punishment of theft, robbery, sorning and oppression, not rising and following to affray, sitting under assurance of thieves, or taking or paying of blackmail, and ordains the same acts to be put into execution with diligence after the form and tenor thereof. And finally that as thieves and sorners concurs, assists and maintains others in wicked deeds against true men without fear of God, the king or the laws, so it shall be lawful to true and honest men to concur and join themselves in counsels and actions for defence of the lives and goods of themselves and their tenants against thieves and sorners, and to follow and pursue them and all of their races, clans and names dwelling within the bounds of the highlands and borders (not subject by good and sufficient sureties and pledges to be answerable to the laws and redress of parties damaged), and to take and apprehend their persons and goods, keep themselves in prison or execute them to the death, making all our sovereign lord's officers and ministers of justice to burgh or land and all his freeholders remaining at his highness's faith, peace and obedience jointly or severally his highness's justice to that effect, with power to hold courts, create members thereof, summon assizes, each person under the pain of £10, as often as need be. And in case any of the said thieves, sorners of the said clans or their assisters dwelling in the highlands or borders (which shall not be under good surety and pledging as said is, between now and 1 August next to come) happens to be taken hurt, slain or mutilated, their goods to be taken and intromitted with, their houses to be burnt, destroyed or cast to the ground, our sovereign lord, with advice of his said estates in this present parliament, wills, grants and declares that the same shall never be imputed as any crime or offence to whatsoever true men, authors or executors thereof, nor they nor none of them shall be called nor accused thereof criminally nor civilly by any manner of way in time coming, exonerating and discharging them of the same for ever. And ratifies and approves all others acts above-specified and ordains them to extend over all the realm.
[1594/4/49]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates in this present parliament, declares, statutes and ordains that no act made in this present parliament shall be in any way prejudicial or hurtful to his highness's dearest spouse, our sovereign lady, regarding any of her rights and titles of the earldom of Fife, lordship of Linlithgow or whatsoever other lands pertaining to her majesty within this realm, and decrees and ordains all rights, titles and infeftments made and given to her by virtue and for fulfilling of the contract of marriage between our sovereign lord and her majesty to be specially excepted. Likewise his majesty, with advice foresaid, excepts the same from of all acts and constitutions presently made by him and his estates in this parliament, and in no way to be hurt or prejudiced by the same, as if the same had never been made.
[1594/4/50]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, having consideration how that there was diverse rents and commodities endowed to certain chaplains and priests for giving in the new kirk of the college of Glasgow, and after alteration of the religion, there being a gift and disposition of the said chaplainries, rents and emoluments of the said college kirk to the provost, bailies, council and community of Glasgow, making and constituting them patrons of the same, to the effect that the same might be employed either in hospitality or other uses of piety, and the said provost and bailies and council, for advancing of good literature within this realm, endowed the same to certain bursars founded within the said college to be held at the school thereto, and that of the poorest of the town who otherwise had not the means to remain at the schools; and nevertheless, such has been the abuse in times bygone that the richest men's sons of the said town have been sustained upon the rent of the said chaplainries and foundation than they for whom the same was appointed, and the said provost, bailies and council willing to take away the said abuse and to employ the fruits and rents of the said chaplainries to better use, have altered and changed their former foundation of maintaining of bursars thereupon, and have deducted the whole rents and fruits thereof for sustentation of the ministry within the said city; therefore our sovereign lord, with advice of the estates of this present parliament, has ratified and approved this last foundation and disposition made by the said provost, bailies, council and community of the town of Glasgow of the fruits, rents, revenue, emoluments and duties of the said chaplainries appointed of old for sustaining of certain chaplains or priests for their service in the said college kirk of Glasgow, to the sustentation of the said ministry within the said city of Glasgow; and ordains the same to have effect in all time coming; and suppresses all other foundations and dispositions of the said chaplainries, rents, fruits and duties thereof either for suffering of the said chaplainries or priests, or for sustaining of the said bursars, ordains the same to cease in all time coming, and ordains the said foundation thereof to the sustentation of the ministry to have place in all time hereafter.
[1594/4/51]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and for his highness and his successors perpetually confirm the act of the provincial assembly of Fife made in the month of March last, ratified thereafter by the general assembly convened lately in Edinburgh, regarding the transporting of the parish kirk of Burntisland and building of a new kirk in the place where the same stands presently built and erected in all the heads, points, articles and clauses thereof, and ordain the same to stand in full strength, force and effect in time coming.
[1594/4/52]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates in parliament find, decree and declare all and whatsoever alienations, resignations or other dispositions made by the wife or bairns of the late Master Patrick Adamson, archbishop of St Andrews, and also all and whatsoever resignations received by the said bishop of lands or annualrents pertaining to the said bishopric of St Andrews or patrimony thereof. Upon the which resignations made by his wife or bairns, the said bishop gave infeftments to the persons and their heirs in whose favour the same resignations were made, to have been from the beginning and to be now in all times coming good, sufficient, lawful and valid alienations, resignations, assignations and dispositions to the persons in whose favour the same is made, their heirs and successors, notwithstanding the minority and pupilarity of the bairns of the said late bishop, against which alienations, resignations, assignations and dispositions the said minors, their heirs and successors shall never be heard in judgement, nor outwith, but the same to be of as great strength and effect as if the same alienations, resignations and other dispositions had been made by the said bairns at their perfect age of 21 years complete.
[1594/4/53]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his estates in parliament have ratified and approved and by the tenor hereof ratify and approve the dissolution of the parish kirk of Crail, parsonage and vicarage thereof, from the abbey and monastery of Haddington and the division of the fruits thereof in three parts and portions: the first part to the minister that shall serve the cure at the said parish kirk of Crail, who shall be called the parson thereof; the second part of the fruits of the said kirk annexed to the new college, called the pedagogue situated within the city of St Andrews, for sustentation within the said college of certain bursars, students of theology; and the third part of the said fruits annexed to the college newly founded within the burgh of Edinburgh for sustaining within the same of certain bursars, students of philosophy, as at more length is contained in the said dissolution and annexation. In the which it is specially provided that James [Lindsay], lord Lindsay [of the Byres] is constituted heritable patron of the said parsonage and bursaries, likewise at more length is contained in our sovereign lord's charter issued under his great seal thereupon. And further, our said sovereign lord and his said estates of new dissolve the said parish kirk of Crail, whole fruits of the same, parsonage and vicarage thereof from the said abbey of Haddington for ever and has ordained and ordain the whole fruits, profits and emoluments thereof to be divided in manner above-rehearsed, as is particularly contained in the said charter; which charter his highness and estates ordain to be inserted and registered in the books of parliament, if need be, to remain for future memory of this act.
[1594/4/54]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the act made in the parliament held at Edinburgh, 5 June the year of God 1592 regarding the erection of the parish kirk of Greenock, lately built by John Shaw of Greenock, in all points, heads, circumstances thereof as in the said act at more length is contained; and to the effect that the same may be put into better execution and take full effect, our said sovereign lord and estates of this present parliament have dissolved and divided and by this act dissolve and divide the parsonage and vicarage of Inverkip in two several parishes, parsonages and vicarages, the one thereof to retain the name of the parsonage and vicarage of Inverkip, and the other to be called in all time coming the parsonage and vicarage of Greenock; and the whole teinds, fruits, rents, profits and emoluments of the lands of Greenock, Finnart and Spango, with their pertinents, which were accustomed of before, to be paid to the parsons and vicars of Inverkip and now are designed to the bounds of the said new erected kirk and parish of Greenock, according to the said act of parliament, to appertain to the said parsonage and vicarage of Greenock, without prejudice always of the patron's right or† presentation to present the parsons or vicars of both the said parishes when the same shall happen to become vacant, and the said parsonage and vicarage of Greenock to be given to the ministers serving the cure at the said kirk thereof, and the said parsonage and vicarage of Inverkip to be given to the ministers serving the cure at the same; and also decree and ordain that the same division take effect between the said two ministers of Inverkip and Greenock for the crop and year of God 1593, and for this instant crop and year of God 1594, and likewise in all time coming saving the right of anyone.
[1594/4/55]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that his majesty's most noble progenitors of good memory, according to the example of other civil and Christian princes, founded the chapel royal of Stirling and conveyed certain lands, rents and benefices thereto for maintenance of a certain number of musicians to make residence and service in his highness's house and chapel at all times requisite, nevertheless, by the inopportune suit of sundry persons in his majesty's minority, the rents of the said benefice are so altered and conveyed that the said musicians are not able to make residence, nor there is nothing left to them to live upon, but that the said erection and foundation appears all utterly to decay; therefore his highness and estates foresaid retreat, rescind, make void and annul all tacks, pensions or other dispositions whatsoever made by his highness of the feu mails and duties of feu lands and of the duties of the tacks of teinds of the said benefice or any part of the same to whatsoever person or persons at any time heretofore, and decree the said tacks, pensions and other dispositions foresaid of the feu mails of the said lands and of the duties of the tacks of the teinds thereof to be null, saving only and excepting the assignations made to the ministers resident and serving the cures of the kirks of the said benefice.
[1594/4/56]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, for the better explaining of the relief granted to prelates [and]† ministers provided to parsonages and vicarages, vicars and other beneficed men by the act made by the estates lately convened upon the taxation of £100,000 granted by them for the defray of the honourable charges of the prince's baptism, finds and declares that they and every one of them shall have their just relief proportionally of their part of this present taxation upon the feuars, vassals, pensioners and tacksmen of teinds of their several benefices.
[1594/4/57]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament declare and ordain that all feu lands annexed to his majesty's crown by the act of annexation remain with his majesty and crown in all time hereafter, and that all feu lands annexed or other feu lands whatsoever within this realm be retoured and valued to merk or pound lands, that his majesty may know the owner thereof; and being retoured, that when it shall happen any impost or taxation to be raised, that the said feuars shall be charged according to their retour.
[1594/4/58]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and whole estates of this present parliament ratify and approve the act of parliament made in his highness's last parliament held at Edinburgh upon 21 July in the year of God 1593 in favour of skinners and free craftsmen of that occupation regarding the transporters of calf skins, kid skins, heifers and schurlings,† ordaining the same to have full execution in all times hereafter.
[1594/4/59]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his estates of parliament have dissolved and dissolve the parish kirk of Nether Airlie, parsonage and vicarage thereof, whole fruits, profits and emoluments of the same from the abbacy of Coupar [Angus] to which the same pertained of before, and is now vacant in his majesty's hands through being of Leonard [Leslie], present commendator of Coupar [Angus], lawfully denounced rebel and put to his majesty's horn, at the instance of Master John Abercrombie, lawful son to Robert Abercrombie, saddler, burgess of Edinburgh; and also at the instance of the said Master John, Isaac, Robert, Richard and Jeremy Abercrombie, lawful sons to the said Robert, for non-payment to them and each one of them respectively of certain monks' portions of the said abbacy, and through the said abbots being and abiding at the said process of horn above the space of a year and a day, as in the letters and execution thereof at more length is contained; by the which the said commendator has lost and forfeited the said abbacy, whole patrimony, profits, duties and emoluments thereof for his lifetime, and our said sovereign lord and his estates have erected and erect a rectory or parsonage at the said parish kirk of Nether Airlie, the rector and parson whereof shall serve the cure of the said parish kirk and shall be sustained upon the fruits thereof, the advocation, donation and right of patronage of the which kirk shall appertain to his highness's trusty and well-beloved councillor Sir Thomas Lyon of Auldbar, knight, treasurer, his heirs and assignees heritably.
[1594/4/60]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that the patrimony and rent of the bishopric of Dunkeld is exhausted by tacks, pensions and other dispositions made and granted by the bishops and titulars thereof of before, so that little or no commodity thereof remains to Peter, now bishop of Dunkeld, except the superiority thereof; having consideration also of the service and good offices done by the said Peter, bishop of Dunkeld in the public affairs of the kirk and commonwealth of this country, therefore our said sovereign lord and estates foresaid, by the tenor hereof, give and grant to the said Peter, now bishop of Dunkeld, during all the days of his lifetime, the right of the superiority of the whole temporal lands, mills, multures, woods, forests, fishings and others belonging to the temporality thereof, with all and sundry liberties, privileges, kanes, customs, casualties and commodities of the same whatsoever, with full power to him during his lifetime as said is to enter and receive all and sundry the feuars, freeholders, vassals and tenants of the temporality of the said benefice, their heirs, assignees and successors, either upon resignation thereof to be made in his hands, confirmations, precepts of clare constat or upon retours passed upon brieves directed out of our said sovereign lord's chancellery, the grassums, compositions and entres silver to intromit with and to his own use to apply, likewise and as freely and his predecessors, titulars of the said benefice, might have done before the making of the act of annexation after-specified, or as our said sovereign lord might have done since then. Declaring all and sundry the interests foresaid to be given by the said Peter, bishop of Dunkeld to the said feuars, freeholders, vassals and tenants of the said temporal lands and others above-written, their heirs, assignees or successors in manner above-rehearsed, to be as good, valid and sufficient to the receivers thereof for holding and enjoying of their said lands and others above-mentioned, as if the same had been given and granted by his highness or by the titulars of the said benefice as said is. In addition, our said sovereign lord and estates foresaid declare and ordain all and whatsoever pensions given out of the temporality of the said benefice of before to whatsoever person or persons which have become vacant, presently becomes vacant or shall happen to become vacant during the said bishop's lifetime by forfeiture, demission, resignation, rebellion and lying at the horn above the space of a year and a day, or by whatsoever way in his highness's hands, to have appertained and to appertain in time coming during the space foresaid to the said Peter, bishop of Dunkeld and to return and accrue to him as a part of the patrimony of the said benefice, to be held and enjoyed by him during all the days of his lifetime likewise and as freely as the said pensioners held and possessed the same of before. With full power to him to uplift and intromit with the same and to charge the tenants, feuars and others indebted in payment thereof to answer, obey and make thankful payment of the same by virtue of his letters raised upon his provision to the said benefice or otherwise as he shall think expedient; discharging thereof the collector general and treasurer of the new augmentations and others, his highness's officers whatsoever, of all troubling or molesting of the said Peter, bishop of Dunkeld in the receiving and entering of the foresaid vassals, feuars, freeholders, their heirs, assignees and successors uplifting the compositions thereof and of the pensions vacant or that shall happen to become vacant in manner above-rehearsed, notwithstanding of the act of annexation of the temporality of all benefices to the crown made in the parliament held at Edinburgh on 29 July 1587, to the which this present act makes and shall make express derogation in so far as the same may be extended to the superiority of the temporality of the said bishopric during the said Peter, bishop of Dunkeld, his lifetime; and that letters of publication be directed hereupon in the appropriate form.
[1594/4/61]*[print] [email] [cite] [preceding] [following]
Forasmuch as in the parliament held in the month of July 1587 it was statute and ordained that the prelates within this realm should not be hurt nor prejudiced in the yearly rent and commodities of their benefices enduring their lifetimes, notwithstanding of the annexation of their temporal lands to his highness's crown, according to which, and for satisfaction and recompense of the temporality of the bishopric of Aberdeen, his highness gave and conveyed to David, now bishop thereof, the sum of £400 usual money of this realm, with special immunities and privileges contained therein, as the said letters and gift made and granted to him under the privy seal thereupon at more length purports; which letters of gift his highness, with advice of the estates of this realm in the parliament held on 21 July last, not only ratified and confirmed in all the heads, articles, points and clauses therein contained, but likewise decreed and declared that all tacks and pensions given out of the said bishopric to whatsoever person or persons which then became vacant or shall happen to become vacant by any manner of way enduring his lifetime should accrue and pertain to himself, and likewise gave full power and commission to him to receive the free tenants, feuars and vassals of the said bishopric in the right, title and place of their predecessors, and to make, grant and deliver to them sufficient charters and infeftments under his own seal and subscription. Which infeftments so to be made his highness, with advice foresaid, decreed and declared to be as valid and sufficient as if the same had been granted by his majesty's self under his highness's great seal, as the said letters of gift and act of parliament respectively containing diverse and sundry other heads, clauses and conditions at length bears and purports. Which letters of gift and act of parliament for the causes therein contained, and for diverse and sundry other good causes and considerations moving his highness and the said estates, ratify, approve and for his highness and his successors perpetually confirm in all heads, points, articles, clauses, circumstances, immunities, privileges specified and contained therein after the form and tenor of the same in all points, decree and declare the same to have been from the beginning and likewise to be in all time coming good, valid, effectual and sufficient rights, titles and securities as well to the said David, bishop of Aberdeen during all the days of his lifetime as to the tenants and vassals of the said bishopric, notwithstanding whatsoever act made in this present parliament or at any time heretofore, which in any way shall be hurtful, prejudicial or make derogation to the foresaid act of parliament nor any provision therein contained in any manner of way in time coming; and ordain the said act of parliament (if need be) to be inserted and engrossed herein word by word.
[1594/4/62]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the gift of liferent granted by his majesty since his perfect age in the parliament held at Edinburgh, 1592 of the temporal lands of the abbacy of Kilwinning during all the days of his lifetime in all and sundry points, articles and clauses thereof, notwithstanding of any act or law made in this present parliament or otherwise that may tend to the derogation of the same.
[1594/4/63]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his estates of parliament have ratified and approved and by the tenor hereof ratify and approve the act made of before in the parliament made at Edinburgh upon 29 July 1587 in favour of the new college of St Andrews, confirming the privileges and immunities granted to the said college, with the gifts of prebendaries, commons, chaplainries, annualrents, mails and other duties annexed and belonging thereto, wherein also it was statute and ordained that the said college should be free in all times coming from payment of any ministers' or readers' stipend serving at the kirks thereof, as the said act containing certain other clauses more amply bears; and ordain that this present ratification is and shall be as effectual as the said foresaid act and whole contents thereof were word by word inserted and engrossed herein; and likewise statute and ordain that the whole rents, fruits, commodities, emoluments and duties belonging to the said new college shall be free of all imposts, taxations, stents and all other kind of burdens whatsoever in all times coming, so that the whole rents and emoluments of the said new college wholly may be collected to the only use of the said new college for the professing of theology, for the which effect annuls and discharges by this act all and sundry gifts, rights and titles given or to be given to any person or persons of whatsoever prebendaries, chaplainries, alterages or other rents belonging and annexed to the said college in hurt and prejudice of the same.
[1594/4/64]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that the gift, assignation and disposition of the surplus of the third of the priory of Whithorn made by his highness to his trusty and well-beloved councillor Master Robert Douglas, provost of Lincluden, collector general, was granted to him for most just and reasonable causes, namely: for payment of his overspend resting owed to him at the foot of his accounts of the collectory and treasury of augmentations, extending to the sum of £8,020 12s 7d, which rests chiefly upon his furnishing made for the provision of his highness's house, as the same at more length bears; therefore his highness and estates ratify and approve the said gift, assignation and disposition of the surplus of the said third of the priory of Whithorn in all the points, articles, clauses, conditions and provisions therein contained, and declares the same not to be comprehended under the act made in the month of February 1587 [1588] and ratified thereafter in parliament regarding the annulling of all gifts of the thirds, in respect the same is made for his highness's furnishing, which is one of the ends mentioned in the said act where to the said thirds are destined and appointed, but to be a good, sufficient and valid title and right to the said Master Robert, his heirs and assignees for possessing and enjoying of the said surplus in all respects after the form and tenor thereof. And seeing his entry in and to the said surplus is conferred to such time as the said Master Robert ceases to be collector general of the said thirds by his death or otherwise, in respect the same is assigned to him for his ordinary fee of the collectory yearly; likewise also he has advanced and disbursed since the making of his last accounts of the collectory and treasury of augmentations, and is daily burdened and charged with the advancement of great sums of money to his highness and furnishing of his house, which makes the said overspend daily grow and increase, therefore his highness and estates ratify and approve the said assignation of the surplus foresaid to him by the lords auditors of the exchequer for the yearly payment of his fee of the said office of collectory of all years and terms bygone since the date thereof and likewise yearly in time coming during his continuance in the said office of collectory; ordaining the lords auditors of the same to allow the same yearly to him in his fee for so much and according to the same prices as was allowed to him in his last account of the thirds, and declaring the said assignation of the said surplus for his yearly fee during his said office in no way to be prejudicial or to make any derogation to the said gift and disposition of the said surplus made and granted to him, his heirs and assignees in satisfaction and payment of his overspend foresaid; but the gift to be valid, sufficient and effectual in the self to him, his heirs and assignees, notwithstanding of the suspension of the entry thereto until the sasine of his said office in manner above-specified, as if he had apprehended real and actual possession of the said surplus by virtue of the said gift, at the day and date hereof. In addition, his majesty and estates foresaid give, grant and convey to the said Master Robert, his heirs and assignees the said surplus of the third of the money and victual of the said priory of Whithorn, extending to the quantity above-rehearsed, not only in payment and satisfaction of his said overspend extending to the sum of £8,020 12s 7d foresaid, which are found resting owed to him at the foot of his said last account as said is, but also in payment and satisfaction of all and whatsoever other sums of money wherein he shall happen to be found overspent in any time coming in his said accounts of his said offices of collectory of the thirds and treasury of new augmentations, so that the said Master Robert, his heirs and assignees shall peaceably hold, enjoy, uplift and intromit with the said surplus, both money and victuals thereof, of all years and terms following his entry foresaid in and to the said gift until he and they be completely satisfied and paid of all and whatsoever sums of money which shall happen to be resting owed to him at the foot of his said accounts of the collectory and treasury foresaid, providing always that the same be not allowed to him in payment of his said overspend until he ceases to be collector general by death or otherwise in manner specified in the said former gift.
[1594/4/65]*[print] [email] [cite] [preceding] [following]
Forasmuch as by the act of our sovereign lord's exchequer of the date at Edinburgh, 18 January the year of God 1591 [1592], it is found and declared by the lords auditors of his highness's exchequer that David Seaton of Parbroath, comptroller, is overspent in the sum of £8,294 7s 5d, and therefore they have determined and ordained the clerk register and his deputes that they in any way extract, draw forth or deliver any extract of any debt contained in his accounts whereof he has taken allowance to no persons, whereby he may in any way be charged for payment of any of the said allowances to the time he be first satisfied and paid by his highness of the sum above-specified contained in his account wherein he is found overspent, and that no letters nor charges shall be directed or used at the instance of any party against the said comptroller for payment of any of the said allowances or sums of money therein contained, suspending and discharging the same in the meantime until the said comptroller be first satisfied and paid of the foresaid whole sum of £8,294 wherein he is found overspent as said is, as at more length is contained in the said act. Our sovereign lord and estates of parliament, having at length heard, seen and considered the said act, find and declare that no letters, action nor execution shall be granted, used nor executed at the instance of whatsoever persons, creditors, against the said comptroller for payment to them or any of them of any debt whereof he has taken allowance in his said accounts to the time the said comptroller be first satisfied and paid by his highness of the said sum of £8,294 7s 5d, wherein he in his said accounts is found overspent as said is; or else that his majesty obtain at the hands of the said creditors sufficient discharges and exonerations discharging simply the said comptroller, his heirs, executors and assignees of the foresaid sum of £8,294 7s 5d. Which being done, the king's majesty and estates foresaid decree and ordain letters and execution to be directed upon the extracts of the said accounts to be subscribed by the clerk register against the said comptroller at the instance of the particular creditors, of whose debts allowances is taken by him in his said accounts for payment to them and each one of their special debts therein mentioned after the form and tenor of the said accounts in all points, notwithstanding the foresaid act of supersedere granted in the exchequer to the said comptroller of date above-written, likewise as if the same had never been made.
[1594/4/66]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with the advice and consent of his highness's estates of this present parliament, and for his highness and his successors, ratifies and approves the charter of confirmation made and granted by his highness in his minority and after his general revocation upon 24 May the year of God 1593 of two old infeftments granted of old by his highness's predecessors to the burgh of Linlithgow, whereof the one is made of the said burgh with the small customs and port of Blackness, the other of the free customing of certain wares without any duty to be paid thereof, as the said charter of confirmation in the self at more length bears; in the which our said sovereign lord has of new conveyed to the said burgh the said port of Blackness, with the small customs and liberties, commodities, privileges, dignities and immunities whatsoever pertaining to the said burgh, as the provost, bailies, council and community thereof and their predecessors have occupied and possessed of before, as is particularly expressed in the said charter, and declares the said charter of confirmation, with the whole points, passes, articles and clauses respectively contained therein, to be a perpetual right and security to the said provost, bailies, council and community of the said burgh and their successors in all time coming, and that this present act of ratification be as valid and sufficient as if the particular heads and clauses of the said charter had been expressed and set down therein.
[1594/4/67]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding by supplication given in to them of before [by]† the inhabitants, freemen, indwellers above the Greyfriar's Wynd of the city of Glasgow regarding the establishing of a market at the wynd head thereof, for the support and relief of them, their wives, families and bairns and upholding of their houses and lands, the same being the most commodious and chief part of the said city for receipt of his highness and his court when occasion offers of their repairing in the country, now altogether become ruinous and almost decayed by reason of the removing of the clergy since the reformation of religion that sustained and upheld the same of before; and also the whole markets ought not to be placed at a port of the said city, but should be set at diverse parts thereof for the common commodity of the whole inhabitants thereof, since at all occasions of stents, taxations and other impositions they bear equal burden, commission was given and granted to the late Robert [Boyd], lord Boyd, Walter [Stewart], prior of Blantyre, the provost and bailies of the said city, for the most part thereof, for establishing of the beer market or salt market above the wynd head, who thereafter placed the salt market there, which was altogether incommodious by reason the same was far distant from the bridge and water of the said city where the salt is most used, and put the merchants and fishers who bought the same to great expenses of carriage and transporting thereof from the said wynd head to the bridge by the space of one mile and more. Likewise the sellers of the salt upon that occasion removed themselves to the old place nearer the said bridge where the same was sold of before, and the said commissioners were minded to have placed the beer and malt market above the said wynd head in place of the said salt market if, by the death of the said late Robert, lord Boyd, the said commission had not expired. For remedy whereof, our said sovereign lord, with advice of his said estates, by this act gives and grants full power and commission to his trusty councillor Walter, prior of Blantyre, lord privy seal, Robert Boyd of Badenheath, David Forsyth of Dykes, the ordinary ministers of Glasgow, the provost and bailies thereof, or the most part of them, to raise and lift the beer and malt market and establish the same above the wynd head of the said city to the effect above-written at any part or place thereof most commodious as they shall think expedient, and to remove the said salt market to the old station where it stood for the common benefit of the whole inhabitants, and generally all and sundry other things to do that to the execution of this present commission appertains, firm and stable etc.
[1594/4/68]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates of this present parliament, ratifies, approves and confirms all and whatsoever acts and statutes of his highness's burghs within this realm tending to the beating and reparation of their walls, streets, harbours and ports, and wills and declares that their said acts shall be put into execution by the provost, bailies and magistrates of the said burghs, and specially the acts, statutes and ordinances of the burghs of the coast side of Fife made regarding the 12d of every boat pertaining to the said burghs that crosses the water of Forth, which is appointed to be paid to the common good of the said burghs for the reparation of their ports and harbours, and that for the space of five years next after the date hereof.
[1594/4/69]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and for his highness and his successors perpetually confirm the erection of the burgh of the Canongate, with the whole old privileges, immunities and liberties granted to the said burgh, superiors thereof, burgesses, craftsmen and inhabitants of the same, by his highness and his predecessors in any time bygone before the date hereof in all and sundry clauses, articles, privileges and circumstances whatsoever specified and contained therein, providing always that the magistrates of the Canongate take sufficient order regarding the removing of the common and idle beggars of the high street and highway thereof.
[1594/4/70]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that the sheriffdom of Bathgate is and has been of old a sheriffdom within itself and is a patent part of the country where open fairs were very fit and apt to be held yearly, which would tend to the great benefit of the whole country and inhabitants of this realm, and in special for furnishing of goods to his highness's house and to the burgh of Edinburgh where common repair is of a great part of the lieges of this realm, as well for their particular as common affairs, therefore his highness and estates foresaid give and grant full power and liberty to Robert Hamilton of Bathgate to proclaim, hold and continue two several fair days yearly to be held within the town and upon the crofts of Bathgate, the one thereof to be held upon 4 August and the other to be held upon 21 October yearly in time coming. And to this effect, grants thereto all liberties, commodities and casualties as belongs to any likewise free fair within this realm, providing always that the same fairs be neither held upon the Sabbath day nor upon any day granted to the head burgh of the shire of before.
[1594/4/71]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that from time to time they have been granted a supersedere from translation and execution of a decreet of warrandice given at the instance of Sir John Wishart of Pittarrow, knight, upon the lands of Strathdee and Braemar, sold and alienated by the late James [Stewart], earl of Moray, regent to the said Sir John, his heirs and assignees, by reason of the said earl's minority, and that the evidents competent for his defences were burnt in the place of Donibristle the time of the murder of his late father, by whose decease and sudden away-taking there was great and exorbitant debts contracted wherein he is involved, and the most part of his evidents abstracted and taken away at the taking of the places of Darnaway in Moray and castle of Doune in Menteith; and considering likewise that through the contention between the Earl of Atholl and Henry [Stewart], commendator of Inchcolm, either of them claiming to be tutor to him, his living and rents are so troubled and burdened that he cannot defend the said action, being so weighty that the same is able to comprise a great part of his heritage; therefore our said sovereign lord and estates of this present parliament have superseded and supersede all process to be led and prosecuted in the foresaid action of translation and all execution of the said decreet of warrandice of the forenamed lands of Strathdee and Braemar at the instance of [...] Wishart, now of Pittarrow or any others for the space of two years next to come after the date hereof.
[1594/4/72]*[print] [email] [cite] [preceding] [following]
Forasmuch as by an act made in the parliament held at Edinburgh on 5 June the year of God 1592 it was statute that all actions competent to any person by virtue of the act of repossession made at Linlithgow upon 10 December 1585 should be pursued within a year and a day next after the publication of the said act at the market cross of Edinburgh, with certification that the said space being expired, they should not be heard thereafter; by the which act of prescription John, lord Fleming, and his servants and friends of the name of Fleming who were participant of the troubles past are stayed from pursuing and using of their actions and charges competent to them by the benefit of the act of repossession regarding the restoring of them to such lands, heritages, benefices, pensions, teinds, rooms and possessions as they, their fathers and others their predecessors were dispossessed from by occasion of the said troubles, albeit the said John, lord Fleming, at the time of the making of the said act of repossession and long thereafter was minor, and the evidents belonging to him, his said friends and servants being within the castle of Dumbarton were abstracted forth thereof and dispersed, and but lately come to their hands, through which it would be hard to seclude them from the benefit of the said act of repossession, namely in respect the foresaid act of prescription was only published at the said market cross of Edinburgh and never printed, as also the time of the said prescription was very short, whereby the same is but lately come to their knowledge; therefore our sovereign lord, his estates and whole body of this present parliament have prorogated and prorogate the foresaid act of repossession made at Linlithgow on 10 December 1585 until 1 November next to come, to the effect the said John, lord Fleming, his servants and friends of the name of Fleming may intent, pursue, raise and follow forth all and whatsoever actions, causes, letters and charges competent to them by the foresaid act of repossession for restoring and repossessing of them to all lands, heritages, benefices, pensions, teinds, rooms and possessions whatsoever from which they or any of them or any of their fathers or others their predecessors were dispossessed by occasion of the said troubles in any times bygone, likewise and as freely and in the same manner as the space foresaid contained in the said act of prescription made upon the said 5 June 1592 were not expired or the same act of prescription had not been made, providing always, in case the said lord, his servants and friends of the said name of Fleming intent not, pursue and follow forth the said actions between this and the said 1 November next to come, that they shall never be heard thereafter.
[1594/4/73]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that Francis [Hay], sometime earl of Erroll is indebted to Alexander, lord Livingston in diverse great sums of money resting owed by the said Francis, sometime earl of Erroll, to him as proper debt, and also that the said Alexander, lord Livingston stands obliged as cautioner and surety for the said Francis, sometime earl of Erroll, for payment of great sums of money to sundry persons and for warrandice of certain lands and annualrents sold and alienated by the said Francis, sometime earl of Erroll of before, so that the said Alexander, lord Livingston, by the doom and sentence of forfeiture given and pronounced in this present parliament against the said Francis, sometime earl of Erroll, shall incur and sustain great damage unless timeous remedy be provided. And our said sovereign lord and estates, being of mind that the said Alexander, lord Livingston be not prejudiced by the said forfeiture, therefore, and for remedy thereof, our said sovereign lord, by the council and advice of the said three estates, in recompense and satisfaction of the said sums of money resting unpaid to the said Alexander, lord Livingston, and for his relief of the foresaid cautionary, find and conclude by the tenor of this present act an infeftment to be made and granted to the said Alexander, lord Livingston, his heirs and assignees whatsoever heritably by his highness in due form of all and whole the lands and barony of Logre,† with free regality and privilege of the same, with the tower, fortalice, manor place, yards, orchards, mills, fishings, parts, pendicles, annexes, connexes, tenants, tenancies, service of free tenants thereof and all their pertinents, lying within the stewartry of Strathearn and sheriffdom of Fife, which pertained of before to the said Francis, sometime earl of Erroll, and now pertaining to our said sovereign lord, fallen and become in his highness's hands through process and doom of forfeiture orderly led and prosecuted against the said Francis, sometime earl of Erroll, for certain crimes of treason, lese-majesty committed by him whereof he was convicted in this present parliament; and to that effect, our said sovereign lord and estates foresaid by this act dissolve the said lands, barony and other particularly above-written.
[1594/4/74]*[print] [email] [cite] [preceding] [following]
The king's majesty and estates of this present parliament make void and annul a decreet allegedly given and pronounced by his majesty at Dumfries on 8 June the year of God 1588, or of whatsoever date or dates, with all that has followed or may follow thereupon, by the which his majesty decreed, declared and pronounced Harry Lindsay, fiar of Kinfauns, William Stewart of Seaton and James Scott of Balbirne and William Scott of Abbotshall, their cautioners and sureties, their executors and successors to be freed, exonerated and discharged of diverse and sundry mails, ferms and duties intromitted with and taken up by time from the tenants and possessors of the lands and lordship of Brechin, fishings and others, and of their intromission therewith in whole or in part of the crop and year of God 1584 pertaining to Dame Annabelle Murray, countess of Mar and of all action that may be moved or that has been moved against them or any of them relating thereto, with all acts of caution, decreets and others whatsoever made and given concerning the same, and all and whole contents thereof as the same of the date foresaid at more length purports. Because the said decreet arbitral was pronounced by his majesty upon 8 June the year of God etc. 1588, being then occupied in the public affairs concerning the estate and quietness of this realm, and wrongfully informed of the said Harry Lindsay and others having no other right nor ground but a pretended supplication given in by the said Harry Lindsay and William Stewart to the effect foresaid in the parliament held at Edinburgh on 29 July 1587, which supplication, contents and design thereof was at that time remitted by the three estates only to his majesty to take order, pronounce and decide therein according to reason, equity and good conscience, the said Dame Annabelle Murray having obtained decreet against the said persons before the lords of session in the court of appeals discerning them or either of them to pay to her the said mails, ferms and other duties of the said lands as is particularly contained in the same of the date 18 February 1586 [1587], and thereby having special interest in the said cause perfectly known to the said parties, and not being warned to the giving in of the said supplication nor remitting thereof by the three estates to his majesty as only judge arbiter, nor never being heard to use her lawful defences against the pronunciation of the said decreet arbitral as she ought to have been, according to the laws of this realm; and therefore decrees and declares the foresaid act of remission and decreet arbitral above-written following thereupon to be null and of no value in manner above-specified.
[1594/4/75]*[print] [email] [cite] [preceding] [following]
Forasmuch as it is submitted to our sovereign lord and his estates of this present parliament by Alexander Gaw of Maw that the inhabitants and community of the town of Culross have lately purchased an infeftment of our sovereign lord erecting the said town of Culross in a free burgh regal and conveying to the inhabitants thereof the said burgh and common of the same within certain bounds and borders, within which there are contained and comprehended the lands, tenements, parks and others after-specified pertaining to the said Alexander Gaw of Maw heritably and were set in feu ferm to his predecessors and himself respectively by the commendator and convent of Culross for the time duly and lawfully confirmed, of the which the said Alexander and his predecessors are and have been in peaceable possession without any contradiction; they are to say the lands of Eschis, extending to one plough of land and acre of land in Nether Gogie, three acres of land called the Bawcroft and four acres of land beside the Barchappell, the cisterns or park, one house above the over port, with the greens at south and north parts thereof, the ground of the old tolbooth, two houses and yards and two salt-pans in the town of Culross; which infeftment granted to the said community of Culross is confirmed in the parliament held at Edinburgh on 5 June the year of God 1592, with a special provision that the said ratification should not be hurtful to Robert Bruce of Blairhall, Walter Callander of Bordie and John Colville, lawful son to Alexander [Colville], commendator of Culross. And seeing the said Alexander Gaw of Maw has as great interest as any of the foresaid particular persons, it is most reasonable that declaration should be made in his favour that the ratification foresaid should in no way hurt or prejudice him, his heirs or successor, therefore our said sovereign lord and his said estates of this present parliament decree and declare that the infeftment given to the community of the said burgh of Culross and confirmation and ratification thereof shall in no way hurt nor prejudice the said Alexander Gaw of Maw, his heirs nor successors in their rights, titles and possession of the foresaid lands, common, acres, tenements and others above-mentioned, and that this present declaration shall be as sufficient as if the same were inserted in the said infeftment granted to the said community of Culross and confirmation thereof in parliament as said is.
[1594/4/76]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and whole estates of this present parliament, respecting the true, good, thankful and acceptable service done to his highness by his well-beloved servant Master George Young, archdean of St Andrews, have therefore ratified and approved and by the tenor of this present act ratify, approve and confirm the gift of pension granted to him by his majesty of £200 out of the readiest customs of the burgh of Edinburgh; and for his better service thereof, of new give, grant and convey to the said Master George the said pension of £200 to be yearly uplifted by him of the readiest customs of the said burgh next to the yearly assignation of the castle of Edinburgh, beginning the first term's payment at the feast of Whitsunday [3 June] last bypast, and so continuing yearly and termly during his lifetime. And to that effect, have dissolved and by this act dissolve the said pension for the said Master George's lifetime from his highness's property to which the whole customs of this realm are annexed, to the effect the same may be peaceably held and uplifted by the said Master George, according to this present gift during the space foresaid; and likewise have ratified and approved and by the tenor hereof ratify and approve and of new give, grant and convey to the said Master George during his said lifetime the pension of £80 granted to him of before by his majesty and paid to him yearly since his gift by the commendator of Glenluce, as the duty wherein he is indebted for the monks' portions of the said abbey conveyed to him by his majesty for the sum foresaid, and also the pension of the feu mails of Coldstream granted to the said Master George during his said lifetime by our said sovereign lord of the date 13 September 1588, in all heads, clauses and conditions thereof, dissolving the same pension of Coldstream from his highness's property during the space foresaid, to the effect the same may be more effectual, willing and granting and for his highness and his successors decreeing and ordaining the said pensions to be and remain valid and effectual to the said Master George during his said lifetime according to his gifts thereof and this present ratification and new disposition of the same in all points, dispensing with all acts, statutes, constitutions or ordinances of parliament held heretofore by his majesty or any of his highness's predecessors which in any way may derogate or be interpreted to the prejudice hereof in any sort.
[1594/4/77]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, ratifies and approves the gift and disposition made by his highness to his daily servant John Andrew, writer, of a yearly pension of 200 merks and assigned to be paid out of the readiest of the silver mails and fishings of the abbacy of Kinloss in all and sundry points, articles and clauses expressed therein, and also for the said John's further security, of new gives, grants and conveys the same pension to him during the said space, decreeing and declaring by this act that the same gift is and shall be good and effectual to him, and that he, by virtue thereof, shall possess and uptake the said pension of all years and terms bygone resting owed unpaid, and likewise yearly and termly in time coming during all the days of his lifetime, notwithstanding the act of secret council made in the month of February the year of God 1587 [1588], ratification thereof in parliament or any other acts of parliament, secret council, session or exchequer made at any time before or since then, which acts his highness and his said estates decree and declare is not nor shall not be extended to the hurt, prejudice or annulling of the gift foresaid; neither is nor shall the same be extended nor interpreted to the prejudice thereof in any point, nor yet is the said gift of that nature as by the foresaid acts or any of them may be called in doubt or question or otherwise annulled or discharged by any manner of way.
[1594/4/78]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, considering that the late John Acheson, master coiner to his highness, contracted diverse great debts and became cautioner to sundry persons for his highness's affairs at the instant request of the late William [Ruthven], earl of Gowrie, treasurer to his majesty for the time, and that the said John has obtained diverse decreets before the lords of session against John [Ruthven], now earl of Gowrie, and his late father for relief of diverse and sundry decreets obtained against the said John as heir to his said late father for the said debts, whereof the execution is superseded by the king's majesty and lords of session for the space of five years for certain causes contained in the said supersedere; therefore our said sovereign lord and estates foresaid, finding that neither reason, equity nor good conscience would that the said John should be all utterly wrecked for his highness's debts contracted through the occasion foresaid, have in like manner superseded and supersede the execution of all sentences and decreets recovered and obtained at the instance of whatsoever creditors against the said John as son and heir foresaid for the cause above-expressed, and discharge all creditors of pursuing of the said John for the same or putting of the said decreets already recovered to execution against him for the space of one year after the date hereof.
[1594/4/79]*[print] [email] [cite] [preceding] [following]
The king's majesty and estates of this present parliament give and grant full and free licence and liberty to James Smith and John Walwood, sometime citizens of St Andrews, to return and remain within this realm of Scotland as his highness's free lieges at their pleasure, notwithstanding of the submission and decreet arbitral passed thereupon between Master John Arthur, one of the commissioners of Edinburgh, and certain of his brother and friends on the one part, and the said James Smith and John Walwood and others, their colleagues, on the other part, of the date the [...] day of [...] the year of God 15[...], and of all pains and execution that have followed or may follow thereupon, providing within 40 days next after their arriving within this realm the said James Smith and John Walwood either offer them to abide the law before the justice or his deputes for the alleged actual striking and slaying with their own hands of the late James Arthur, brother to the said Master John, or else satisfy the party, so far as of reason can be craved, and find caution to that effect. And in case it shall happen them to come to St Andrews within the said space of 40 days next after their first arriving, that they contain themselves quiet within their houses of St Andrews so long as it shall happen them to remain there during the said space of 40 days.
[1594/4/80]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, having consideration of the good, true and long service done to his majesty since his coronation by his beloved servant Robert Abercrombie, his master saddler, as well as in furnishing of stuff and fashion both before the death of his highness's trusty cousin William [Ruthven], earl of Gowrie, exceeding the sum of £5,000, as also since then at the command of Sir Robert Melville [of Murdocairnie], treasurer depute, above the sum of 10,000 merks, as the account bears. In the which doing not only the said Robert bestowed his whole substance, but also has contracted great debts for which he has paid yearly profit, whereof his highness, willing to recompense the said Robert in part, in the parliament made in the year of God 1587, gave, granted and conveyed to the said Robert and to the late Master John, Isaac, Robert, Richard and Jeremy Abercrombie, his sons, and to each one of them respectively for their own parts, the 12 monks' portions underwritten out of the abbacy of Coupar [Angus], whereof the said John had 4, the said Isaac had 2, and every one of the other three sons 2 portions conveyed to them by our sovereign lord, namely: to the said Robert Abercrombie, younger, the portions of the late dean Thomas Hamilton, prior dean William Baxter, subprior dean John Donaldson and dean James Masterton; to the said Richard Abercrombie, the portions of dean Peter Trent, dean John Lawson, dean Alexander and dean Adam Anderson; and to the said Jeremy Abercrombie, the portions of the late dean Andrew MacAchane, dean Robert Drysdale, dean Thomas Dron and dean Andrew Moncur, as at more length is contained in the gift made thereupon; whereupon also the said persons have obtained decreet of the lords of session for answering and obeying of them of the fruits, rents, duties and profits pertaining to the said monks during their lifetimes. Therefore our sovereign lord, with advice and consent of the estates of this present parliament, ratifies and approves the foresaid gift and disposition made and given by his highness to the said Robert Abercrombie, Richard and Jeremy Abercrombie in all points, articles and clauses thereof, and wills and declares that the same shall stand for a perpetual security to the said persons and to the said Robert as factor and administrator to them during their lifetimes, and the longest liver of them, so that in case any of them die, his part and portion shall accrue to his brother equally to be divided amongst them, so long as any of them shall be alive; renouncing all action that his majesty has or may have for impinging of any part of the said gift or validity thereof, and discharges his highness's treasurer and advocate of all pursuing, troubling or molesting of the said persons in the peaceable possession, holding and uplifting of the said monks' portions by the said persons during their lifetimes.
[1594/4/81]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of his estates, ordains and declares that all his feuars, tenants and possessors of his own proper lands within the lordship, stewartry and sheriffdom of Fife, in respect they pay great mails, ferms and duties to his majesty, and never have been in use of payment of any taxation or impost raised by his highness or his predecessors in times bypast, but ever have been freed and free thereof, therefore our said sovereign lord, with advice of the estates of this present parliament, decrees and ordains the said feuars, farmers and tenants, their heirs and successors within the said lordship, stewartry and sheriffdom in all time to come and when it shall happen our said sovereign lord and his successors to raise or lift any taxation within this realm, this present act and ordinance of parliament to be a sufficient discharge to the said feuars and tenants of the same; and exonerates and discharges them of all taxation by this act bygone and to come, and all sheriffs, stewarts and officers of further troubling of them for the same and of their offices in that part.
[1594/4/82]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding that by the refining out of mines of gold, silver, copper, lead and other minerals within this realm not only his majesty's particular profit may be augmented, but also the benefit and commodity of the realm advanced, with advice of his majesty and his treasurer depute, and with advice of Master John Lindsay, parson of Menmuir, one of the senators of the college of justice and master of the metals within this realm and dominions thereof, gave and conveyed to his beloved servant Thomas Foulis, goldsmith, burgess of Edinburgh, and his heirs, assignees and servants full power and commission, liberty and licence to search, seek, break the ground, work, extract, intromit with and receive, carry, fine, refine and transport to any part of this realm or outwith the same, use and convey at their pleasure all and whatsoever metals and minerals, as well of gold, silver, lead, tin and others lying within whatsoever the lands, bounds and ground of the forty pound land called the Friar Muir pertaining of old to the abbacy of Newbattle and others, his feuars and tacksmen thereof, lying within the barony of Crawford Lindsay and sheriffdom of Lanark, and specially the mines upon Glengonnar sometime possessed by George Douglas of Parkhead, and the mines upon Annan Water, which metals and minerals pertains to our sovereign lord by the laws of this realm and privilege of his crown, to try and refine the same for all the days, space, years and terms of 21 years next and immediately following the day and date of this act. By virtue of the which gift, the said Thomas has employed the utmost of his power in the finding out of the said mines and minerals, and trying of the value and fines thereof, and has brought strangers within the country to labour and travail therein; likewise he is also of purpose upon his charges to bring others out of all parts who has understanding of the said matter and to employ his whole substance thereto, and that it were not reason that he be frustrated of his expectation of the said gift or any part thereof or privilege contained therein impaired or brought into question by any person, therefore our sovereign lord, with the advice of the estates of this present parliament, has ratified and approved and ratifies and approves the foresaid gift and disposition made by his highness, with advice foresaid, to the said Thomas Foulis and his heirs and others contained in the same in all the heads, points, clauses, conditions, and privileges thereof contained thereto, and that the said gift shall be a sufficient title and right to him and his foresaids to search, seek and break the ground, work, extract, intromit with, receive, carry, fine and refine or transport out of the realm at all pleasure all and whatsoever metals and minerals above-specified lying within whatsoever part of the lands above-written, discharging all and whatsoever other rights and titles made by his highness in any manner of way in prejudice or impairing the said gift made to the said Thomas and his foresaids or any point, article, head or condition thereof and all others that shall happen to be made hereafter, declaring the same to be null and of no value by way of exception only without raising of any action thereupon.
[1594/4/83]*[print] [email] [cite] [preceding] [following]
Item, regarding the act of parliament made in favour of the weavers and fullers to have been brought within the realm out of the low countries and put to work by Nicolas Uddart, merchant burgess of Edinburgh, and containing an exemption of the said Nicolas from stents and taxations; for doing thereof, our sovereign lord, with advice of his estates, finds that the said matter has not taken effect, and therefore has declared and declares the immunity granted to the said Nicolas from all stents and taxations to have no effect in time coming, and the said Nicolas to bear burden with his neighbours in all time coming, as he ought to have done before the said act.
[1594/4/84]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates in parliament, for the beating, upholding and mending of the two bridges of Dalkeith, the one built upon South Esk on the south side of the said town, and the other built on North Esk upon the north side of the said town, which bridges are now almost decayed, statute and ordain that all carriages and burdens of mill-stones, wine, timber and other equipment passing from end to end of the said two bridges with carts shall pay to the bailies and council of the said town of Dalkeith, or their collector to be appointed by them, for repairing, mending and upholding of their said bridges the tax and impost following, that is to say: of each mill-stone passing from end to end on any one of the said two bridges, 40d, and for each cartful laden with wine, timber or other gear, 8d money of this realm. And this act to take beginning from 20 June 1594, and to last and continue for the space of three years next and immediately following the said 20 June.