[A1597/3/9]*[print] [email] [cite] [preceding] [following]
Those sitting as on the aforesaid day.
[A1597/3/10]*[print] [email] [cite] [preceding] [following]
†Forasmuch as the provost, bailies, council and deacons of crafts representing the whole body of the burgh of Edinburgh, being charged upon the [...] day of January last by virtue of our sovereign lord's letters passed upon an act of secret council to have entered their persons in ward within the burgh of Perth upon 1 February thereafter and now bypast, therein to have remained and kept ward thereafter upon their own expenses until they had been tried foul or clean before the justice and his deputes in the tolbooth of the burgh of Perth of the late treasonable attempt committed against his majesty, his nobility and council and others of his good subjects within the said burgh of Edinburgh upon 17 December last, according to the particular indictment to have been given in thereupon, and that justice be administered as appertained, as the said letters and charge foresaid given by virtue thereof at more length bears; thereafter by a supplication given in to his majesty and council upon 28 January by the bailies, dean of guild, treasurer and whole persons being upon the council of Edinburgh and deacons of crafts this present year, the day of their entry within the said burgh of Perth was prorogated by a deliverance upon the back of the said supplication to 15 February thereafter also now bypast; likewise by another supplication given in by them to his highness and his said council upon 11 February, their entry by another deliverance given upon the back of the same supplication was of new prorogated to 1 March instant, upon which day it was specially declared in the same deliverance that it should be permissible to two of the said bailies of Edinburgh, the dean of guild, treasurer, four of the principal deacons and four of the council, with their clerk, to enter themselves personally within the said burgh of Perth, having sufficient power and commission of the provost, bailies, council and whole community of the burgh of Edinburgh, through which they might always represent the whole body thereof and underlie whatsoever thing should be enjoined to them as if the same whole body were all personally present; which deliverance and conclusion then taken was of new renewed by another deliverance given upon the back of another supplication given in at last to his majesty and his council upon 22 February, as all the same supplications and deliverances foresaid given upon the backs thereof, produced before his highness and his said council, at more length bears. According to the tenor whereof, act of secret council and letters foresaid passed thereupon, the said two bailies, dean of guild, treasurer, four of the council and four deacons of crafts foresaid, with their said common clerk, extending in the whole to the number of 13 persons, being warned and called to have compeared personally before his highness and lords of secret council this day, and Roger MacNaught, George Todrig, bailies, Thomas Aikenhead, dean of guild, Richard Dobie, treasurer, Henry Nisbet, John Robertson, John Watt, Alexander Miller, Archibald Martin and Robert Livingstone, deacons of crafts of the said burgh of Edinburgh, and Master Alexander Guthrie, their common clerk, compearing all personally, who produced a procuratory and commission given to them and to William Maule and Hugh Brown, their fellow burgesses, by the said provost, bailies, council and whole deacons of crafts of the said burgh of Edinburgh, dated at the same burgh upon 24 February, subscribed by the said Master Alexander Guthrie and William Stewart, notary clerks thereof, under the seal of eque of the same. Which procuratory and commission being read, heard, seen and considered by his highness and his council, his majesty enquired of the persons present if the whole persons expressed in the same procuratory and commission which consisted in the said number of 13 persons were all personally present within this burgh of Perth through which they might be accused as representing the whole body of the said burgh of Edinburgh according to the foresaid act and letters direct. Thereupon it was answered that they were all personally present except the said William Maule, who remained at home and was absent by virtue of his highness's letter of dispensation granted to that effect; which letter, subscribed by his majesty and his secretary, of the date at Holyroodhouse, 11 January, they produced before his highness and his said council to verify the same. Which letter of dispensation, being read, heard, seen and considered, his majesty and lords of secret council finds the same letter not to be a sufficient warrant to the said provost, bailies, council and community of the said burgh of Edinburgh in respect that by the foresaid deliverance given by his highness and council upon the back of the said supplication given in upon 11 February, which is long after the date of the said letter of dispensation, they were expressly appointed to enter personally within this burgh of Perth two of their bailies, deans of guild, treasurer, four of the council and four deacons, with their clerk, representing the whole body of their towns, which consists in the said number of 13 persons; of the which number, one of them being absent, expressly against the tenor of the same deliverance passed since then, they have in that respect altogether disobeyed and not fulfilled the foresaid act and ordinance and letters and charges given to them by virtue thereof, and so have deserted the diet appointed for their trial, seeing without the full number of 13 persons, having commission for the whole body of the said burgh of Edinburgh, the same trial cannot be had, and through this have frustrated his majesty of justice and most proudly and disdainfully contemned his highness's authority and laws. And therefore ordains the foresaid letters directed against the provost, bailies, council and deacons of crafts of the said burgh of Edinburgh, representing the whole body thereof, to be put to further execution in all points according to the tenor thereof, and to this effect: that one officer of arms pass and denounce them his highness's rebels and put them to the horn, and escheat and collect all their moveable goods to his highness's use for their contemptuousness, for the reasons and causes particularly above-mentioned.
[A1597/3/11]*[print] [email] [cite] [preceding] [following]
The king's majesty, with advice of his nobility, council and estates presently convened, considering how the most part of all the presentations to benefices within this realm these diverse years bygone have been obtained privately by his highness's knowledge by sundry persons, suitors of the same, who had neither deserved such benefits of his majesty, neither were able to discharge their function, with which his majesty, being grieved, his highness's intention being from the beginning to have had men of learning, knowledge and who were able to discharge their duty presented to the said benefices when the same should become vacant; as also his majesty, considering how far he is damnified by reason that sundry of the said persons presented to the said benefices are become altogether unresponsible, whereby his majesty is defrauded of the third of the said benefices appointed for the maintenance of his highness's house, and of the monks' portions destined to his majesty's guard, a great number of the said beneficed persons being rebels and at the horn for non-payment of the duties above-specified to his highness's collectors; and to the effect that the said abuse of the privy purchasing of the said presentations may not breed the same effect hereafter, his majesty, with advice foresaid, statutes and ordains that all presentations of benefices whatsoever within this realm shall in no way be presented to his majesty to be subscribed until the same be first read, heard, allowed of and subscribed by five of the council together, with his highness's collector, sitting together, otherwise the said presentation to be null, of no value, force nor effect. Discharging the keepers of the registers and seals of passing of the said presentations hereafter not lawfully subscribed by five of the council, together with the collector as said is, as they will answer upon their dutiful obedience and loss of their offices.
[A1597/3/12]*[print] [email] [cite] [preceding] [following]
The king's majesty, with advice of his nobility, council and estates presently convened, considering the great abuse which has been in time bygone by granting of exemptions from assizes to diverse persons being of good health and sufficient ability to travel and within the age subject to his highness's proclamations and charges to pass upon assizes, and that upon very false narratives of their age and inability, whereby his majesty has been frustrated in administration of justice, being disappointed by the said exemptions of a full number of assize to pass upon the trial of such guilty persons as were under accusation; for remedy whereof, his majesty, with advice foresaid, statutes and ordains that all such exemptions from assizes as are granted to any person whatsoever heretofore (being within the age appointed by the law and of ability to travel) shall in no way excuse them from passing upon assizes, or in their absence shall be no warrant to stay their penalties until the next parliament, that his majesty and estates there to be convened set down some solid order relating thereto, discharging his highness's justice, justice clerk and their deputes in the meantime of any receiving or admitting of any of the said exemptions for any persons, being within the age of law and able of body as said is. Providing always that the inhabitants of the burghs of this realm be no further astricted nor obliged to pass upon assizes of any persons but when the crime whereupon the person to be accused is committed within the space of four miles to the burgh where the said persons summoned to pass upon assize dwells.
[A1597/3/13]*[print] [email] [cite] [preceding] [following]
The king's majesty, with advice of his nobility, council and estates presently convened, considering how creditors having denounced persons and craving their hornings to be registered in the sheriff books where the said denunciations was made, the same has been refused by a great number of the said sheriff clerks, when as the said persons denounced are either near of blood or allies to the sheriff of the said shire. Upon the which refusal, the parties in time bygone, users of the said letters of horning, have only taken instruments in no way suiting the same to be registered in any other books whatsoever, whereby his majesty is very far defrauded, not being able to know or understand of the said parties' denunciation by reason the same is in no way [...]†; and thereafter the said party, user of the said letters, and the persons denounced agree, they destroy the said letters of horning only to the effect his majesty be defrauded of their escheats. For remedy whereof, his majesty, with advice foresaid, statutes and ordains that all such hornings which are refused by the said sheriff clerks to be registered as said is shall be immediately (after that instruments be taken of the said refusal) brought to the clerk register and his deputes to be registered in the books of council and session or then to the next sheriff books of the shire lying most near and adjacent to the said sheriffdom, and that at the option of the party, user of the said letters of horning, to the effect the said person's denunciation may be the better known to his highness's treasurer and advocate, that his majesty be in no way defrauded of their escheats. And declares that the said hornings, notwithstanding that they report the said instrument of refusal, shall be of no force, strength nor effect unless the same horning, with the instrument of refusal, be registered in the said books of council or then in the said sheriff books within the space of one month next after the date of the said instrument of refusal. And ordains letters of publication to be directed hereupon in the appropriate form.
[A1597/3/14]*[print] [email] [cite] [preceding] [following]
The king's majesty, with advice of his nobility, council and estates presently convened, considering how the constant brute and great appearance of imminent dangers of his highness's crown, estate and true religion professed within this realm by the great preparations made by the cruel Spaniards for invading of this realm, assisted therein by diverse seditious papists and others of his highness's unnatural subjects treasonably disposed to fortify the said Spaniards in their enterprises foresaid, moved his majesty and council, for preventing of the said perils, to statute and ordain by act of council that certain noblemen, barons and ministers within the particular provinces and sheriffdoms of this realm should call before them all persons suspected of papistry to give confession of their faith; as likewise to convocate his highness's barons, gentlemen and other subjects at all occasions when they saw any appearance of danger to the religion and professors thereof under the pain of horning against the persons disobeying to convene with them, being required in form prescribed by the said act, as the same of the date at [...] the [...] day of [...] the year of God 158[...] years at more length bears. Which act being only concluded, statute and ordained for the respect of the present peril then imminent to the estate, yet the generality thereof has given such absolute power to the said commissioners to convocate his highness's lieges when they thought it expedient, that diverse perilous effects have already ensued and followed thereupon, and may hereafter fall forth, to the unquieting of his highness's estate, slander of religion and harm of his highness's quiet and well affected subjects. For remedy whereof, his majesty, his nobility, council and estates presently convened find, statute and declare the said act to been been only made for preventing of the dangers imminent at that time to his highness's estate, crown and true religion professed within this realm only, and to have had strength, effect and execution for the eschewing and removing thereof at the time foresaid. The cause whereof being now at the pleasure of God removed, and the most part of the persons nominated commissioners therein never having accepted the same upon them, so that the same in effect is altogether expired, his highness, with advice foresaid, declares the same act to be adjourned, null and utterly expired, discharging all convocations of his highness's lieges under colour and pretence of the said act in any time hereafter. Certifying them that if in any way they convene and assemble themselves together by virtue of the said act, the same shall be no warrant to them, but they shall be called, pursued, punished and demeaned with all rigour as contraveners of his majesty's laws, acts of parliament and secret council made against convocation of his highness's lieges in example of others. And ordains letters of publication to be directed hereupon in the appropriate form.
[A1597/3/15]*[print] [email] [cite] [preceding] [following]
†The king's majesty, his nobility, council and estates presently convened, considering how it has pleased God to give a good and happy success to this present convention by moving the hearts and minds of his said nobility and estates, with the ministry of the kirk now present with his highness, to unity and concord, and the same ministry to yield and agree to certain heads and articles proposed by his majesty tending always to the glory of God, surety of his highness's person and estate and common benefit, peace and quietness of the country; as indeed his majesty has found such a willing mind in the same ministry chiefly at this time for this purpose as his highness could have wished, likewise they have found themselves fully satisfied for his majesty's part in all things whereof they stood in doubt or that by the misreports of restless spirits they were wrongfully informed of, his majesty and the said ministry, having always concluded that at the next assembly of the same ministry, appointed to be within the burgh of Dundee in the month of May next to come, to proceed in the resolution of the rest of the heads and articles which are superseded to that time, and so within a short space to set down, God willing, with common consent, such a solid and perfect order in his estate as all contention and strife which heretofore from time to time has intervened shall be altogether abolished and good order and obedience of all his subjects professed and procured in such sort as all malicious, seditious and unquiet spirits seeking occasion of trouble and unquietness shall always find themselves disappointed of their expectation. Likewise his majesty, for the further declaration of his goodwill to all the ministry who professes his obedience, has taken and by this proclamation takes them, their wives, bairns, family, goods, gear and possessions under his highness's special maintenance, protection and defence, to be unhurt, unmolested, troubled, invaded or in any way damnified or hurt in their lawful calling or otherwise under whatsoever colour or pretence hereafter. And to the effect none shall pretend ignorance thereof, ordains letters to be directed to make publication of the premises, as also of the special heads and articles presently agreed upon, to all and sundry his highness's lieges by open proclamation at the market crosses of the head burghs of this realm and other places needful; and also to signify and declare to all his good subjects, as presently his highness has declared to the said ministry, that as his highness's principal care and affection is and has been to the glory of God and the maintenance of the true religion, with the preservation of the same ministry from all kind of violence in their lawful calling, which religion his highness professes with his whole heart and, God willing, shall maintain with all his power to his life's end, so shall not his majesty suffer any other name, kirk or religion to be professed but the name and religion of our master and saviour, Christ Jesus, received and established by his highness's laws, detesting and abhorring all kind of idolatry, superstition, papistry or other infidelity whatsoever; and therefore to command and charge all the said lieges to conform themselves to the said true religion and discipline presently established by his highness, his council, estates and ministry foresaid, and in no way take upon hand to vex, trouble, molest or disquiet any of the said ministry in their lawful calling, or their wives, bairns or family by way of deed, or yet to do or attempt any thing tending to the violation of his highness's protection foresaid in any part, under whatsoever colour or pretence as they will answer to his highness upon their obedience, at their utmost charge and peril and under all highest pain, crime and offence that they may commit and incur against his majesty in that behalf. Certifying them if they do in the contrary, that whatsoever hurt or inconvenience they shall sustain through this, that his majesty will account and esteem the same as done against his highness's self and so will be careful to see the same punished accordingly. And likewise to command and charge all and sundry papists, Jesuits and excommunicated persons presently remaining within this realm (excepting only such persons as are presently in conference and dealing with the kirk for their satisfaction, against whom this proclamation shall in no way be extended nor no other execution to be moved against them to the time they satisfy the kirk, or, for their obstinacy, be given over by his majesty and the said ministry as persons in whom there is no hope of amendment and satisfaction), to depart out of this realm to the parts beyond sea between now and 1 June next to come, or else to satisfy the kirk before the same day according to the order observed in such cases, under the pain to be pursued and punished according to his highness's laws, acts and proclamations made relating thereto. Certifying them if they fail, they shall be taken, apprehended and punished with all rigour and extremity; and to this effect, to command all sheriffs, stewarts, provosts and bailies of burghs and bailies of regalities and their deputes to search, seek and take all the said papists, Jesuits and excommunicated persons which shall be found remaining within this realm after the day foresaid (except before excepted), bring and present them before his majesty and council to be punished for their demerits according to the laws and acts of parliament made relating thereto. Certifying the said sheriffs, stewarts, provosts and bailies foresaid if they fail, that they shall be likewise pursued and punished with the same rigour and extremity without favour.