[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.