[1597/11/9]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his highness's estates in parliament, having special consideration and regard of the great privileges and immunities granted by his highness's predecessors of most worthy memory to the holy kirk within this realm and to the special persons exercising the offices, titles and dignities of prelacies within the same, which persons have ever represented one of the estates of this realm in all conventions of the said estates, and that the said privileges and freedoms have been from time to come† renewed and confirmed in the same integrity and condition wherein they were at any time of before, so that his majesty, now acknowledging the same to be fallen and become under his majesty's favourable protection, therefore his majesty, of his great zeal and singular affection which he always has to the advancement of the true religion presently professed within this realm, with advice and consent of the said estates, statutes, decrees and declares that the kirk within this realm wherein the same religion is professed is the true and holy kirk, and that such pastors and ministers within the same as at any time his majesty shall please to provide to the office, place, title and dignity of a bishop, abbot or other prelate shall at all time hereafter have vote in parliament likewise and as freely as any other ecclesiastical prelate had at any time bygone. And also declares that all and whatsoever bishoprics presently vacant in his highness's hands which as yet are unconveyed to any person, or which shall happen at any time hereafter to become vacant, shall be only conveyed by his majesty to actual preachers and ministers in the kirk or to such other persons as shall be found apt and qualified to use and exercise the office and function of a minister or preacher, and who in their provisions to the said bishoprics shall accept in and upon them to be actual pastors and ministers, and according thereto shall practice and exercise the same thereafter. Item, as concerning the office of the said persons to be provided to the said bishoprics in their spiritual policy and government in the kirk, the estates of parliament have remitted and remit the same to the king's majesty to be advised, consulted and agreed upon by his highness with the general assembly of the ministers at such times as his majesty shall think expedient to treat with them thereon; without prejudice always in the meantime of the jurisdiction and discipline of the kirk established by acts of parliament made in any time preceding and promised by the said acts to all general and provincial assemblies and other whatsoever presbyteries and sessions of the kirk.
[1597/11/10]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates in parliament statute, decree and ordain that all parishioners of every parish kirk within this realm build and repair the kirkyard dykes of their own parish kirk with stone and mortar to the height of two ells, and to make sufficient stiles and entrances in the said dykes to pass to the kirk and kirkyard thereof. And ordain the lords of the session to direct and give letters and charges thereupon in the appropriate form.
[1597/11/11]*[print] [email] [cite] [preceding] [following]
The king's majesty and estates in parliament decree and declare that heritable infeftments of feu ferm set, given and conveyed by his highness or any of his progenitors of good memory of annexed property is null of the law by way of action or exception, except such infeftments and dispositions which are set by his majesty or his predecessors being of perfect age after dissolution made in parliament in his or their majority with augmentation of the rental.
[1597/11/12]*[print] [email] [cite] [preceding] [following]
Item, it is decreed and declared that all heritable dispositions given and granted in any time bygone or to come to any person of his highness's annexed property, to be held of his majesty and his successors in chief by service of ward and relief or in any other manner of holding than in feu ferm only, is null and of no value by way of action or exception, because lands or other annexed property to the crown cannot be set or conveyed except in feu ferm only, providing that this constitution in no way prejudice such infeftments and alienations as are made and given by his highness or his predecessors by way of excambion, permutation nor compensation, so that thereby his highness's rental be not diminished.
[1597/11/13]*[print] [email] [cite] [preceding] [following]
Item, it is decreed and declared that all heritable alienations of feu ferm or other assedations, rentals, pensions, gifts and dispositions whatsoever made and given by his highness or any of his predecessors of his majesty's palaces, castles, parks, meadows, coal-works and others underwritten, they are to say of the palace of Holyroodhouse and park thereof, palace of Linlithgow, park and coal thereof, palace of Falkland, coal, park and lomonds thereof, castle of Stirling, parks and wards thereof, and of the Torwood, castle of Dumbarton, with the lands and mains adjacent thereto, castle of Blackness and generally of all and whatsoever castles, parks, meadows, coal-works and others of his majesty's annexed property, are null and of no value, force nor effect from the beginning by way of action or exception.
[1597/11/14]*[print] [email] [cite] [preceding] [following]
It is statute that all infeftments, alienations, rentals, assedations, pensions, gifts, discharges and other dispositions whatsoever of the annexed property, and specially of the customs great or small made and given after the annexation and before lawful dissolution in parliament, or made and given after the dissolution and yet contrary to any of the conditions of the same, are null of the law by way of action or exception in all time bygone and to come.
[1597/11/15]*[print] [email] [cite] [preceding] [following]
It is statute and ordained that all infeftments and alienations in feu ferm or otherwise, and all rentals, assedations and dispositions whatsoever in all time bygone and to come of the assize herring, are null and of no value because the said assize herring pertains to our sovereign lord as a part of his customs and annexed property.
[1597/11/16]*[print] [email] [cite] [preceding] [following]
Item, the king's majesty and estates in parliament decree and declare all offices of heritable chamberlains and all free gifts and discharges of the king's property, or any part thereof, with all fees, casualties or privileges pertaining thereto, to be null and of no value, and ordain them to cease in all time coming so that the king and his comptroller may freely intromit with the same and all the rents thereof as if the said offices and dispositions had never been made.
[1597/11/17]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates in parliament retreat, rescind, make void and annul all and whatsoever heritable infeftments and all and sundry other dispositions made and given to any person in any time bygone of any part of the feu ferm duties pertaining to his highness out of the annexed temporality of benefices of this realm or of the annexed property or of any part of the patrimony of the crown.
[1597/11/18]*[print] [email] [cite] [preceding] [following]
Item, it is statute and ordained that all tacks and assedations set in diminution of the rental or first assumption and pensions made and given to any person in any time bygone or in time hereafter of the thirds of the benefices, or any part thereof, are and have been from the beginning null and of no value, and that it shall not be permissible to his highness in any time coming to give and convey the same in any manner of way.
[1597/11/19]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates in parliament ratify, approve and confirm the act made by his highness, with advice of the lords of his secret council and exchequer, upon 14 February the year of God 1587 [1588] and confirmed in parliament, with advice of the estates, upon 5 June the year of God 1592 regarding the reformation of the abuses of the thirds of benefices, common kirks, friars' lands, rents and benefices of cure under prelacies within this realm, and reducing of the same to their first institution, to have the strength, force and effect of a perpetual and general law in all time coming in all clauses and articles of the same and according to the tenor thereof in all points amongst all and sundry our sovereign lord's lieges, as well as by way of action and pursuit as by way of exception and defence, and declares and decrees all and sundry exceptions granted in favour of any person or persons in the body of the said act or severally in the said parliament held at Edinburgh the said 5 June the year of God 1592, or in any other parliament held thereafter, to be null and of no value, force nor effect by way of exception or reply as if the same had never been given nor granted, providing always that the exception and provision contained in the said act and constitution touching heritable infeftments shall remain and stand in the own strength and effect as an exception made from the said act and ordinance, and likewise without prejudice of any privilege granted to the college of justice or any of the lords thereof.
[1597/11/20]*[print] [email] [cite] [preceding] [following]
It is statute and ordained that the two part of the spirituality unassumed of all prelacies now vacant or that shall happen to become vacant and all fruits, rents, profits and emoluments thereof that should become vacant shall appertain to his highness and his successors to the sustentation of their houses and affairs and shall in no way be conveyed in all or in part to any person by way of pension, gift or disposition whatsoever.
[1597/11/21]*[print] [email] [cite] [preceding] [following]
Forasmuch as there are certain general and original laws whereby express provision is made that his majesty's property and annexed temporality of benefices may not be dilapidated nor conveyed to his highness's prejudice and derogation of the said laws, it is therefore statute and ordained by his majesty, with advice of the estates in parliament, that the said general laws shall have their first effect and that no derogation shall be made thereto by whatsoever gift or disposition notwithstanding the same be particularly ratified in parliament, except the said ratification and new disposition be made with express and special dispensation of the said general laws and by the advice of the estates to be specially mentioned therein; and the lords of the session shall judge according to the general laws without respect of any particular derogation made thereto to his majesty's hurt or prejudice or contrary to the tenor of the said acts.
[1597/11/22]*[print] [email] [cite] [preceding] [following]
It is statute and ordained that all ministers that shall happen to receive any assignations for their stipends out of the fruits and rents of any benefice within this realm shall at the time of the receiving of their assignations and raising of letters according thereto declare and give up particularly to the clerk, director and subscriber of the said letters how much they or each one of them has of the temporality given and conveyed to them in their several assignations; the which clerk shall be held and obliged to give and deliver the same to the clerk of the treasurer of augmentations to be inserted and remain in registry in all [time]† coming. And moreover all and sundry prelates and other possessors of all benefices which are at his highness's gift or disposition shall likewise give up to the clerk foresaid a sufficient inventory according to the first assumption of the thirds of all rents, profits and duties of the two part of the said benefices and how much thereof is set in feu ferm or in feu ferms, with certification to them and every one of them if they fail, or if they shall happen to omit any of the rents, fruits foresaid or give up a rental which is not just and lawful, in that case their benefices shall become vacant in his highness's hands as if they were naturally dead, so that his highness may convey thereupon and intromit with the profits of the same at his pleasure.
[1597/11/23]*[print] [email] [cite] [preceding] [following]
It is statute and ordained that all feuars of whatsoever annexed lands pertaining to the temporality of all benefices within this realm (except lay patronages) shall before 1 January the year of God 1598 [1599] exhibit and produce to the treasurer of augmentation and his deputes their infeftments and titles whereby they hold and possess the said lands, to the effect his highness and his said officers may by inspection thereof understand the duty which they and each one of them owe and should pay to his highness; the which clerk shall extract a minute thereof, and all the special clauses and provisions, if any be contained in the said infeftments, to remain with him as a true and authentic rental of his highness's temporality in time coming. And if any of the said feuars fails in the premises, the infeftment of feu ferm and all other right and title which he can allege and pretend to the said lands to be null and of no value, force nor effect by way of exception or reply; and it shall be permissible to the king and his treasurer foresaid to intromit, lift and collect the mails, ferms and duties at the terms of Whitsunday [4 June] next and immediately following 1 January next; and ordains that this act shall be imprinted before 1 May next to come, or failing thereof, shall be openly published at the head burgh of each shire; and that the same shall not be extended to any person who has produced and shown their holdings already.
[1597/11/24]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament having consideration of the great damage and harm which his majesty and lieges of this realm sustains through evil and untimeous payment of the feu duties of their lands set in feu ferm, therefore statute and ordain that in case it shall happen in time coming any vassal or feuar holding lands in feu ferm of our sovereign lord or of any other superior immediately in feu ferm to fail in making of payment of his feu duty to our sovereign lord's comptroller or other having power of him or to other immediate superiors or others having power of him by the space of two years whole and together, that they shall lose and forfeit their said feu of their said lands according to the civil and canon law likewise and in the same manner as if a clause irritant was specially engrossed and inserted in their said infeftments of feu ferm.
[1597/11/25]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament having consideration that exorbitant profit and usury taken for the lending of money is not only by the law of God condemned but also is forbidden by the laws of this realm and acts of parliament, therefore statute and ordain that none of our sovereign lord's lieges take upon hand in any time hereafter to take any greater profit or annualrent for the lending of money either by infeftment or by bond or contract directly or indirectly except 10 for the 100, under the pain of confiscation of all their moveable goods and gear, and to be otherwise punished in their persons as common ockerers according to the laws, and for that effect to be called and pursued at particular diets before the justice and his deputes to underlie the law for the same; and that infeftments, contracts and obligations to be made in time coming for payment of annualrent of victual, that the victual therein contained shall be reduced to such conformity of price as shall [answer]† to 10 for the 100 only, so that the party indebted paying 10 for the 100 the same shall be as lawful as if they had paid the victuals contained in the said infeftments. And because there are diverse persons who obtains themselves infeft in the property of lands for small sums of money under reversion and sets tack back again to the heritor or others to his benefit for payment of a great duty in silver or victual far exceeding the profit of 10 for each 100; as also by contract, bond or obligation makes simulated form of buying or selling of victual to be delivered at a certain day and failing thereof, certain high prices liquidated therein, of intention only of defraud of the said act to recover with their principal sum such exorbitant ocker and profit as is directly forbidden herein; as likewise there are diverse persons who the time of the disbursing of the said sum which they let to profit agrees with the party for the usury and ocker far exceeding the ordinary annualrent foresaid, and retains the same in their hands and takes their security by plain form of obligation or otherwise of the whole sum to be paid at a certain term as if no such exorbitant profit and ocker had been intended or allowed therein, therefore statutes and ordains that all such infeftments, bonds, contracts or obligations which shall happen to be made in manner foresaid in defraud of the said acts and statutes and for circumvention of the lieges astricting them to pay further profit in silver except according to 10 for the 100 or more victual than may be answerable in price to the annualrent in silver foresaid, in manner above-specified, shall be null and of no value, force nor effect, as if the same had never been made, notwithstanding whatsoever other coloured or pretended clause be inserted therein; and the said nullity upon the causes foresaid to be received summarily, as well as by way of exception and reply as by way of action, and to be tried by the oath of party and all other lawful probation conjoined therewith competent of the law, whereby the said unlawful ocker may be verified to the judge and the said nullity to be pursued by the party, his heirs, executors and assignees with concurrence of the king's advocate against the creditor, his heirs and executors, notwithstanding whatsoever ratification of the bond and infeftment or renunciation of the said action granted by the party, wherein it shall not be permissible to him to transact without his majesty's consent and licence granted to that effect. And the said infeftment, bond and obligation being reduced, the king's majesty and his donator to have undoubted right to the principal sum which was delivered, together with the ordinary annualrent of all years and terms bygone unpaid; and the party to have repetition of whatsoever exorbitant profit he has paid exceeding the ordinary annualrent foresaid, in case he concurs with his highness's advocate in the said reduction, otherwise to be debarred from the repetition of any sums paid by him; the king's majesty always, his advocate and donator to have full right in their persons to pursue the reduction and annulling of the said securities for the causes foresaid, albeit the principal party refuses to concur with them therein.
[1597/11/26]*[print] [email] [cite] [preceding] [following]
Our sovereign lord ratifies and approves the acts of parliament made of before by his highness, with consent of the three estates, in the month of December 1567 regarding shooting and bearing of culverins and other engines of fire work, and ordains the same to be put to execution with all rigour and the contraveners thereof to be punished according to the pains contained therein, and moreover by confiscation of all their goods moveable, so that the one pain shall not stop nor stay the other unless it be otherwise thought expedient by his highness, the one half thereof to appertain to the apprehender for his travails and labours and the other half to be applied to our sovereign lord's use; and for execution thereof, makes and constitutes each sheriff, stewart, bailie, baron and provosts, aldermen and bailies within burgh his majesty's justices in that part, every one within their freedoms and jurisdictions, with power to them to search, seek, take and apprehend the offenders and contraveners and put them to an assize; and being convicted, to put them in ward until the pain foresaid be paid and until they find such surety to forbear in time coming. And this act to serve for a sufficient commission to the effect foresaid.
[1597/11/27]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the act made at Dundee, 14 May the year of God 1597 regarding the undervaluation of the silver, of the which the tenor follows: The which day the king's majesty, his nobility, council and estates presently convened, considering the present scarcity of coined money now current within this realm and the great dearth and exorbitant prices to which all sorts of gold and silver, as well as foreign as of his highness's own coin, are presently reduced by the liberty which all sorts and degrees of persons takes at their own hands in raising of the prices of all gold and silver at their pleasure far above the just value prescribed in his highness's laws, acts and proclamations made relating thereto, by the which form of doing and by the unlawful transporting of the coin at all times out of this realm great disorder and confusion has been maintained and is likely daily to increase, to the hurt of the commonwealth and great contempt of his highness and his authority if the laws already made relating thereto shall not be put to due execution in all points according to the tenor thereof with all convenient expedition. And therefore his majesty, with advice of his said nobility, council and estates foresaid, has concluded and ordained and by this act ratifies and approves the laws already made regarding the discharging of the daily raising of the prices of gold and silver, and ordains that all and sundry persons, transgressors of the said laws in raising of the said prices, shall be called, tried and punished for that with all extremity. And further that his highness, with advice of his said nobility, council and estates foresaid, has thought fit to declare and make it manifest that from 17 May instant the ounce of silver coined in 10 shilling pieces and the other smaller pieces of 11 penny fine coined according to the last act of parliament shall stand at 50 shillings, and the old 30 shilling pieces, being of the same weight and fines, at the same price; and the new 30 shilling pieces, being three quarters of an ounce at 37s 6d, and the old and new 20 and 10 shilling pieces according thereto proportionally; and the ounce of gold of 22 carat fine, being his highness's own coin of £5 and 50 shilling pieces, shall also stand at £30 the ounce; and further that the species of money and fines thereof, namely: of 11 penny fine in silver and 22 carat fine in gold, shall be coined and have course hereafter according to the acts of parliament made relating thereto. And that all merchants or other persons, transporters of the same out of this realm, be tried and punished according to the said laws and acts foresaid; and likewise that no foreign coin of gold or silver shall have course amongst his highness's lieges hereafter but shall be imported to serve as bullion to his majesty's mint-house, and that all gold, silver or other coin which shall be brought within this realm hereafter to which his highness's subjects are astricted to bring in by his majesty's laws as bullion, the ounce thereof being of 12 deniers or being baser and supplied by account and quantity to be worth 12 deniers, the merchants, importers thereof, shall have an ounce of his highness's own coin of 11 deniers for every ounce of bullion brought in manner foresaid; and of all other foreign coin that they shall voluntarily bring in to the mint-house of the said ordinary bullion, that there be only the 30d thereof retained to his majesty's profit. And also ordains that all the said lieges conform themselves in this matter of the coin to the will, declaration and determination of his majesty, his nobility, council and estates foresaid, and in no way take upon hand to break and contravene the same in any part as they will answer to his highness upon their obedience at their utmost charge and peril and under the pains prescribed in his highness's laws to be executed upon them without favour. And to this effect, that the treasurer and his deputes insist and seek the execution of the pains and punishments prescribed in the said laws against the contraveners thereof with all rigour and extremity as they will answer to his highness upon their office and obedience, and that the general master coiner, warden, counter warden, master coiner, assayer, sinker, smelter, forger and other officers of his highness's mint-house proceed to the coining, striking and forging of new coin according to the laws already made and this present act and ordinance as they shall answer to his majesty upon their offices. And to the effect his majesty's subjects may be resolved upon the prices of all gold and silver to be brought by them within this realm and which the master coiner shall be astricted to pay to them according to the tenor of this act, he shall be astricted to have openly affixed in his house of exchange an authentic table to be made by his highness's commissioners appointed to that effect containing the particular prices of all species of foreign gold and silver usually imported within this country according to the value, weight and fines thereof. And that the clerk of his highness's register cause imprint this act and all other acts made concerning the coin, customs and bullion through which his highness's subjects pretend no ignorance thereof. Which act above-written, our said sovereign lord, with advice of the said estates in parliament, ratifies, approves and confirms in all points after the tenor thereof, and decrees and declares the same to have the strength, force and effect of a law and act of parliament in all time coming.
[1597/11/28]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the act made at Dundee, 13 May the year of God 1597 regarding the retaining of wool within this realm, of the which the tenor follows: The which day the king's majesty, with advice of his nobility, council and estates presently convened, ratifies, approves and confirms the act of parliament made by his highness and his estates for the time regarding the receiving and detaining within this realm of all the wool which grows within the same in all and sundry points, articles and clauses therein contained, and ordains the said act to be put to due execution in all points against the contraveners thereof, notwithstanding any licences or other dispensation granted by his highness in the contrary. Which licences and dispensations, strength and effect thereof his majesty annuls and discharges simply by this act, promising in no way to grant any such licences or dispensations at any time hereafter. And that craftsmen, strangers, be brought home within this realm for working of the said wool within the same for the common benefit and profit thereof in time coming. The which act above-written our said sovereign lord, with advice of the estates in parliament, ratifies and confirms in all points after the tenor thereof, and decrees and declares the same to have the strength of a law and act of parliament in all time coming.
[1597/11/29]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the act made at Dundee, 13 May the year of God 1597 regarding our sovereign lord's customs, of the which the tenor follows: Forasmuch as it is understood to the king's majesty, his nobility, council and estates presently convened that the subjects of all foreign nations which bring and transport one kind of cloth or other wares or merchandise from any foreign country to their own native country have been in use and yet still continue in the payment of certain custom or other exaction thereof, chiefly at the time of their arrival and incoming within the same, and almost none or few of the subjects of any realm exempt therefrom (the subjects of the country only excepted), who, by reason of an alleged previous immunity, claim the privilege of exemption, albeit it cannot be denied that his majesty is a free prince of a sovereign power, having as great liberties and prerogatives by the laws of this realm and privilege of his crown as any other king, prince or potentate whatsoever, and therefore ought to have the same custom and exaction for maintenance of his princely estate of all cloth and other wares and merchandise to be brought within this realm by his highness's subjects at all times thereafter. For the which purpose his majesty, with advice of his said nobility, council and estates, has thought fit, concluded and ordained that all cloth and other merchandise whatsoever to be brought within this realm from all foreign nations shall pay the custom following at the time of their arrival and entry therein in all time coming, that is to say 12d of every pound's worth of all sorts of the said wares or merchandise. And to this effect, his highness and his said nobility, council and estates give full power and commission to the lords auditors of his exchequer and others of his nobility and council to the number always of 11 persons at the least to set down the A. B. C. of the custom of all cloth and other wares and merchandise which shall be brought and enter within this realm yearly hereafter; with power likewise to them to set price upon the said wares, according to the which the customs officers to be appointed by his majesty to that effect shall uplift custom thereof and to make all other ordinances necessary for the ease of the merchants and surety of his highness's custom in the execution of the premises, and also of such other goods to be transported out of this realm as is not as yet expressed in the A. B. C. already made; providing this act be not extended to earls, lords, barons and freeholders, but it shall be permissible to them to send their goods beyond sea for their own particular use and also it shall be permissible to them to bring within this realm wine, clothes and other furnishings for their own particular use and in no way to make merchandise thereof according to the laws and liberties granted to them of before. The which act above-written our sovereign lord and estates foresaid decree and declare to stand as a law in all time coming.
[1597/11/30]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the act made at Dundee, 13 May the year of God 1597 regarding the importation of English cloth, of the which the tenor follows: The which day the king's majesty, his nobility, council and estates presently convened, foreseeing the great hurt and inconvenience which the commonwealth of this realm daily sustains through the unprofitable trade used by merchants in the importation of English cloth and other English wares and merchandise made of wool, the same cloth having only for the most part a superficial outward appearance, wanting the substance and strength which ofttimes it appears to have, and being one of the chief causes of the transporting of all gold and silver out of this realm and consequently of the great scarcity and present dearth of the coin now current within the same, seeing that kind of exchange cannot well be maintained by any lawful trade or other wares or merchandise to be transported out of this realm, which by the laws of the same are not already prohibited and forbidden. And therefore his majesty, with advice of his said nobility, council and estates foresaid, has thought fit and convenient to restrain the importation within this realm of all English cloth or other English wares or merchandise made of wool in time coming, and ordains his highness's lieges of what estate, quality or degree that ever they be of that none of them take upon hand to buy or bring home within this realm to be sold any kind of English cloth or other wares or merchandise made of wool at any time hereafter, under the pain of confiscation of the same cloth and merchandise and all other moveable goods of the importers to his majesty's use. The which act our said sovereign lord and estates foresaid ordain to stand as a law in all time coming.
[1597/11/31]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the act made at Dundee, 13 May the year of God 1597 regarding the transporting of coal out of this realm, of the which the tenor follows: Forasmuch as it is understood to the king's majesty, his nobility, council and estates presently convened that the great charcoal is commonly transported out of this realm by diverse and sundry persons who at all times load their ships and other vessels therewith and transport the same at their pleasure, using the same as a common trade together without his majesty's licence or permission, to the great hurt of the commonwealth and expressly against his highness's laws, acts of parliament and sundry proclamations made in the contrary. For remedy whereof in time coming, his majesty, with advice of the said nobility, council and estates foresaid, statutes and ordains that no persons, as well as strangers as others born subjects of this realm, take upon hand to transport any great charcoal out of this realm at any time hereafter, nor yet load their ships, crayers or other vessels therewith to be transported as said is under the pain of confiscation of the same coal, ships, crayers and other vessels to his majesty's use; certifying them if they do in the contrary, that the same coal, ships, crayers and vessels shall be confiscated and intromitted with with all rigour and extremity in example of others, and to this effect that all provosts and bailies of the said burghs, customs officers and searchers whatsoever shall search, seek, take and apprehend all and sundry persons, contraveners thereof, keep and cause retain their persons in ward within their tolbooths, fence and arrest their ships, crayers and vessels, take the sails from the mast and keep them under arrestment at his majesty's instance through which they depart not, notifying their names to his highness that his majesty may give further direction towards them as appertains, as the said provosts, bailies, customs officers and searchers will answer to his majesty upon their office and obedience. The which act our said sovereign lord and estates foresaid ordain to stand as a law in all time coming.
[1597/11/32]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament statute and ordain that in case any of the forbidden goods underwritten be transported upon licence out of this country, the transporters shall pay thereof the customs underwritten, namely: for each stone of wool, 5s; each dozen ells of linen cloth, 4s; each boll of victual, 5s; and each pound's worth of forbidden English wares brought in to this country upon licence, 12d.
[1597/11/33]*[print] [email] [cite] [preceding] [following]
Item, it is statute and ordained for eschewing of the damage and harm which daily arises through general and informal cockets given and granted to† this realm, that in all times coming all clerks of the cocket shall particularly express and specify in the cockets given by them the particular quantity of the goods and merchandise, the special kinds and sorts thereof, the names of the merchants and owners of the same, how much of the same goods pertains to each merchant and that the conservator in the low countries admit nor allow any cocket unless it be written and formed in manner foresaid, but shall confiscate all the said goods not expressed particularly as said is, and make account and reckoning thereof yearly to the treasurer as he will answer upon his office.
[1597/11/34]*[print] [email] [cite] [preceding] [following]
It is statute and ordained because the cocket is the ship's passport and testimonial of her lawfulness, that the conservator shall fence and arrest all ships not having a cocket or not having a cocket formally written, and escheat the whole goods and gear being in the said ship to our sovereign lord's use, and make account thereof yearly in the exchequer to the treasurer.
[1597/11/35]*[print] [email] [cite] [preceding] [following]
Item,† the conservator shall not receive nor admit any cocket, albeit the same be lawfully given, unless the merchants, skippers, factors and every one of them before the unloading of any of their goods make faith and swear solemnly by God himself, his creator, that he has no forbidden goods or gear or no other lawful merchandise over and above that which is contained in the cocket nor knows of none to be in the same ship pertaining to others; and that so far as he understands the whole goods and gear pertains properly to freemen and no part thereof to unfreemen. As also at their returning back from the low countries towards Scotland, they shall likewise give their solemn oaths before the loading of the ship or inputting of any goods that the goods properly pertains to themselves and not to strangers. And if they unload any goods and gear coming from Scotland before the giving of the said oath, or puts any goods on board ship to be transported towards Scotland, all the same goods to be confiscated. And if the said oath be refused by them all and they in no way will make the same, it shall be permissible to the conservator to arrest the said ship and all the goods contained therein. And if some makes oath and others refuse, he shall arrest all the goods pertaining to the parties refusing and make account thereof as said is; and whatsoever goods that are not contained in the cocket to be confiscated as said is.
Item, it is statute and ordained that all merchants and skippers at the receiving of their cockets in all parts and ports within this realm shall give their solemn oaths and make faith in form and manner above-expressed; and that they have no forbidden goods nor no other lawful goods or merchandise except that which is contained in their cocket and interest, and shall take no other goods in all that voyage under the pains foresaid, which oath shall be made to the customs officers, to which they shall be answerable yearly in the exchequer.
[1597/11/36]*[print] [email] [cite] [preceding] [following]
It is statute and ordained that no ship passing to the low countries shall land any men, goods or gear in any part thereof but at the town of Campvere or the ordinary staple for the time. And no person shall go on land or transport any thing out of the ship before his arrival at the same port under the pain of £10 Flemish, to be taken up from the contraveners by the conservator and [he]† to be accountable thereof to the treasurer. And ordains the conservator in time coming to take the oath of the skipper and merchants relating thereto before the unloading of any of their goods and gear.
[1597/11/37]*[print] [email] [cite] [preceding] [following]
It is likewise statute and ordained that the conservator shall put the acts of parliament to execution regarding ocker and usury upon all Scottish merchants, skippers and factors within the low countries according to the tenor of the said acts in all points as he will answer upon his office, and make account once in the year of his intromission to his highness's treasurer.
[1597/11/38]*[print] [email] [cite] [preceding] [following]
Item, every particular merchant coming out of the low countries to this realm shall give up to the conservator the special quantity of his goods and the quality thereof before the embarking of the same goods under the pain of confiscation thereof, and the conservator to verify and try the same at his pleasure, to the effect he may send home a cocket of the same particularly to his majesty's treasurer subscribed by himself and† his depute for eschewing of the fraud which may be used towards his majesty in his customs.
[1597/11/39]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this [present]† parliament, understanding that there have been diverse acts of parliament made regarding the slayers of black fish in forbidden time, smolts and fry of all salmon fish and for holding down of cruives and yairs, which have not taken effect through the iniquity of the time; and considering that the greatest hurt and damage is sustained by his majesty through want and lack of a great part of his highness's patrimony of the custom of salmon, therefore his grace, with consent of the three estates, has ratified and approved and by this act ratifies and approves these† former acts made for punishing of slayers of red fish, smolts and fry of all fishes in forbidden time, commission and power therein contained making the particular persons therein mentioned justices in that part, with this addition: that all and sundry earls, lords, barons, gentlemen and freeholders having land next adjacent to the waters and rivers wherein salmon fish are taken and slain within all the parts and bounds of this realm, shall according to the general bond find caution and surety acted in the books of council that they and every one of them shall be answerable for their own tenants and indwellers within their lands and for all others within their bounds so far as their lands extends, whom they may stop or let, according to the general bond, [that they]† shall not slay any salmon fish in forbidden time with coble, net, spear, rod, creel, purse-net or any other kind of engine, the earl and lord under the pain of 1,000 merks, the baron and gentleman and others whatsoever, owners of waters and lands, under the pain of 500 merks, the one part† of the said pains in case of contravention to be uplifted to his majesty's use, another† half to the judges contained in the former acts; and that letters of horning be directed at the instance of the said judges and charge the said earls, lords and gentlemen and freeholders to find the said sureties acted in manner foresaid, excepting from the present act the waters of Annan and Tweed.
[1597/11/40]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice of the estates of this present parliament, considering that the inhabitants of the highlands [and]† isles of this realm, which are for the most part of his highness's annexed property, have not only frustrated his majesty of the yearly payment of his proper rents and due service properly indebted by them to his majesty out of the said lands, but that they have likewise through their barbarous [in]humanity† made and presently makes the said highlands and isles, which are most commodious in themselves, as well as by the fertility of the ground as by rich fishings by sea, altogether unprofitable both to themselves and to all others of his highness's lieges within this realm, they neither maintaining any civil or honest society amongst themselves, neither yet admit others of his highness's lieges to traffick within their bounds with safety of their lives and goods. For remedy whereof, and that the said inhabitants of the said highlands and isles may the better be reduced to a godly, honest and civil manner of living, it is statute and ordained that all landlords, chieftains and leaders and† clans, principal houses and householders, heritors and other possessors or pretending right to any lands within the said highlands and isles shall between this and 15 May next to come compear before the lords of his highness's exchequer at Edinburgh, or where it shall happen them to sit for the time, and there bring and produce with them all their infeftments, rights and titles whatsoever whereby they claim right and title to any part of the lands or fishings within the bounds foresaid, and then find sufficient caution acted in the books of exchequer for yearly and thankful payment to his majesty of his rents, yearly duty and service indebted by them out of the lands possessed and occupied by them or any in their names; and that they themselves, men, tenants, servants and dependants shall be answerable to his highness's laws and justices, and that they nor none of them shall do injury to any others of his highness's lieges in their persons or goods who shall happen to repair and travel within the said bounds for their lawful traffick within the same; and that they and every one of them shall make redress to all parties damaged and hurt or to be damaged and hurt by them in time coming under such pains as [it]† shall please the said lords of exchequer to modify by reparation of the damage to the parties that sustained the same. With certification to them and each one of them if they fail in the premises or to compear and find caution in manner and within the space foresaid, that they and every one of them who fails shall be discerned, likewise by this present act they are discerned to forfeit and lose all pretended infeftments and other right and title they have or may pretend to have to any lands whatsoever they have held or pretends to hold of his majesty either in property or superiority, which their pretended infeftments and titles thereof in case of failure foresaid are now as then and then as now declared by this present parliament to be null and of no value, force nor effect in themselves, and that the nullity thereof shall be received and admitted in all judgements by way of exception [or]† reply, except any process, action or declaration† of reduction to be given thereupon.
[1597/11/41]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, [with advice]† of the estates of this present parliament, for the better maintenance and continuing [of]† civility and policy within the highlands and isles, has statute and ordained that there be erected and built within the bounds thereof three burghs and burgh towns in the most convenient and commodious parts fit for the same, namely: one in Kintyre, one other in Lochaber, and the third in the Lewis, to the which burghs and inhabitants thereof our sovereign lord and estates foresaid shall grant and by this act grants all privileges which his highness or predecessors have granted to any other burghs or inhabitants thereof within this realm. And that it shall be permissible to our sovereign lord, by the advice of the lords of his majesty's exchequer, to give, grant and convey to every one of the said burghs so much land and ground out of his highness's annexed property as may serve to build the said towns upon the same with so much land and fishings next adjacent thereto in common good to every one of the said three towns as may sustain the common charges thereof, to be held in free burgage of his highness in such form and manner as his majesty's most noble progenitors of worthy memory has granted of old to the erection of other burghs of this realm.
[1597/11/42]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament statute and ordain that all letters of horning, relaxations, inhibitions, interdictions and publications thereof and others of the same sort that shall at any time hereafter be raised and executed against whatsoever person within this realm dwelling within the bailiaries or stewartries, as well as of royalty as regality, be executed at the market cross of the head burgh and† town of the said bailiaries and stewartries within which the said persons dwells; and also that the said letters be registered in the said stewarts and bailies' books, which registration shall be as lawful in [all]† time coming as if the same had been registered in the sheriffs' books, and that all executions and registrations that shall happen hereafter to be otherwise executed and registered shall be null and of no value with all that has followed thereupon; and ordains all the general clauses and provisions inserted and mentioned in the acts of parliament made of before regarding registration of hornings in the sheriffs' books to be held and† expressed and repeated in this present ordinance and constitution.
[1597/11/43]*[print] [email] [cite] [preceding] [following]
It is statute and ordained that all registrations of letters of horning, relaxations, inhibitions, interdictions before whatsoever stewart, sheriff or bailies, as well as of royalty as regality, be either registered in time coming judicially or before a notary and four reputable witnesses in addition to the ordinary clerk; and in case any sheriff, bailie and† stewart, as well as of royalty as regality, refuses to register the foresaid letters of horning, relaxations, interdictions and others of the same sort, that the party who presents the same letters to be registered take instruments of the said refusal and presented the same letters thereafter to the next stewart, sheriff or bailie or to the clerk register and his deputes to be deputised by him, to the effect the same may be registered in the books of council; which registration shall be as sufficient as if the same letters were registered in the sheriff, stewart or bailies' books where the said persons dwells.
[1597/11/44]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify, approve and confirm the acts, laws and constitutions made by his highness and his predecessors of worthy memory of before against the shooting and slaying of deer, roe deer, hares, wildfowl and doves with hackbuts, handguns, crossbows and pistols and taking of them with snares and nets, and ordain the same to be put to due execution in all time hereafter with this addition: that it shall be permissible to every sheriff, stewart, bailie and baron within his own bounds to slay all lying dogs which the fowlers use for slaughter of the said wildfowl, and take and apprehend the said fowlers themselves and put them in stocks and detain them therein for the space of 48 hours as often as they be apprehended.
[1597/11/45]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates foresaid, considering the great contempt done by the most part of the lieges of this realm [who are] charged [to pass]† upon assizes or to do any other thing upon small pecuniary pains of penalty, which pains be so small that they respect not the same but disobeys our sovereign lord's authority, therefore it is statute and ordained by our sovereign lord and three estates that whensoever any person contravenes any laws, statute or act of parliament made of before containing a special pecuniary pain and penalty, that he shall pay for each 12d of penalty of old, 10s of present current money of this realm, and for each 20s of old, £10 of present money, and so forth proportionally; and this ordinance to apply to pecuniary pains and penalties contained in the laws of this realm made and constituted before 1 March in the year of God 1542 [1543].
[1597/11/46]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify and approve the acts of parliament made of before against strange and idle beggars, vagabonds and Egyptians with this addition: that strange beggars and their bairns be employed in common works and their service mentioned in the acts of parliament in the year of God 1579 to be prorogated during their lifetimes and in place of several commissions in landward to be granted by the king for execution of the said act, the power thereof to be granted to the particular session of the kirk.
[1597/11/47]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament statute and ordain that the pains of contravention shall be paid by the principal party that is charged to find lawburrows, albeit he pass to the horn and does not find caution; and if he finds caution, that both he as principal and also his cautioner shall be subject to the payment thereof at the option of the pursuer as in all other pecuniary obligations.
[1597/11/48]*[print] [email] [cite] [preceding] [following]
Our sovereign [lord]† and estates of parliament statute and ordain that the pains of contravention of the general bond shall be divided between the king and the party in all time coming.
[1597/11/49]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, finding that the security of all buying and selling of lands and of all escheats depending upon the registration of inhibitions, interdictions and hornings respectively, the credit whereof only pertains to the sheriff clerks who have been ofttimes discredited before the session, therefore statute and ordain that their books be marked by the clerk register by† such form and manner as other notaries' books, and that the authentic copies be reported yearly to remain in the king's register; concerning which, they shall be answerable yearly in the exchequer under the pain of warding of their persons or horning as shall please the lords auditors of the exchequer.
[1597/11/50]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament statute and ordain that no barons be received as commissioners for any sheriffdom within this realm at any parliament to be held hereafter unless the said barons bring and produce with them sufficient commissions granted to them in a full convention of the whole barons of the said sheriffdom; which commission shall be authorised with the subscription of a great number of the barons then present, together with the clerk of the said convention, his subscription. And if the said commission be not passed in due form in manner foresaid, his highness and estates discharge the clerk register in all time hereafter of any receiving of their said commissions.
[1597/11/51]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that through want of sufficient and sure prisons, jails and ward-houses sundry rebels and transgressors of the laws, as well criminal as civil, escape unpunished and justice contemned. For remedy whereof, our sovereign lord and estates have statute and ordained that within the space of three years in all burghs within this realm there be sufficient and sure jails and ward-houses built, upheld and maintained by the provost, bailies, council and communities of the said burghs upon their own common good or otherwise upon the charges of the burgh. And that for sure [imprisoning], warding and detaining and also keeping of all such persons, transgressors of his highness's laws, upon their own expenses, as well as criminal as civil, [as]† shall be presented to them by the sheriff of the shire to stewarts and bailies of regalities within which the said burghs are situated and specially where their judicatory sits; and also all other persons presented either to ward by virtue of their own authority within burghs or otherwise upon letters of caption directed to them.
[1597/11/52]*[print] [email] [cite] [preceding] [following]
Forasmuch as in the parliament held at Edinburgh in the month of August the year of God 1584, all successors of† provisions to abbacies, commendatories, priories and nunneries within this realm made by the titulars thereof for the time in favour of their successors nominated by them and gifts granted to them thereupon by our sovereign lord containing reservation of the resigners' liferent of the same, in respect of the manifest abuse and corruption thereof, are retreated, rescinded and declared to be null in the self; which act of parliament is declared by another act of parliament made in the month of July the year of God 1593 to be extended to such provisions only as should happen to be purchased after the making of the said first act, and not [to]† such provisions as were duly and lawfully passed before the making of the said first act, whereupon diverse persons have taken occasion to purchase and obtain gifts and provisions of the said benefices as successors nominated thereto by their predecessors and upon their demission, with reservation of their liferents, and have antedated the signatures thereof as if the same had been passed before the making of the said first act of parliament and yet have not passed the same through the great seal until long after the making of the said last act of parliament, which declares plainly the manifest fraud and falsity of the said provisions; which provisions are not [only]† most wrongfully and surreptitiously purchased as said is, but also are most prejudicial to his highness in his rent and commodity of the temporal lands thereof which pertains to our sovereign lord by the act of annexation as a part of the patrimony of his crown. And therefore our said sovereign lord and estates foresaid, considering the manifest fraud and falsity committed in the purchasing of the said pretended provisions and for obviating of the same, retreat, rescind, make void and annul all such provisions of abbacies, priories and nunneries and other benefices made or to be made by whatsoever person or persons passed upon the demission of their predecessors and containing the reservation of their liferents as said is which were not duly and lawfully passed as said is and issued with all solemnities, and specially which were not passed and issued through his highness's great seal before the making of the said first act of parliament made relating thereto, which was in the month of August the year of God 1584, and before the act of annexation by the which the temporal lands were annexed to his majesty's crown, and declares the same to have been from the beginning and to be in all times coming of no value, force nor effect with all that has followed or may follow thereupon.
[1597/11/53]*[print] [email] [cite] [preceding] [following]
Forasmuch as there are diverse inhabitants that dwell and remain within the free burghs with their families and are of reasonable substance, as also have rents and livings within the same burgh yet refuses to contribute for the maintenance of the poor watching and warding within burgh with the rest of the neighbours or to bear their part of such other duties as concerns his majesty's service, thereby living at liberty, neither knowing the magistrates in kirk nor policy, to the great hindrance of his majesty's service and the whole realm. For remedy whereof, it is statute and ordained by our sovereign lord and three estates of this present parliament that all such that have their residence and dwelling within the said burghs by their families and may spend £100 of yearly rent within the same or stented by the discreet neighbours to be worth 2,000 merks in free goods shall be subject to be burdened with the rest of the inhabitants for the advancement of the glory of God and his majesty's service and benefit of the burgh where they dwell, providing that this act be not extended to such as are exempt for his majesty's service as one of each occupation for that cause, neither to any person that are members of the college of justice and admitted by the lords of session.
[1597/11/54]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of this present parliament, understanding that at such times as taxations and stents occurs within this land that the provost and bailies of burghs and such as they appoint stewarts within the same without all good order and discretion stents sundry of the burgesses, inhabitants of the burghs, who have their special rents and livings to landward outwith burgh according to their ability, as well as to landward as to burgh, albeit reason and equity would crave that they should be only stented according to their rents and holding within burgh because their rents and living lying to landward are stented with the barons, gentlemen and freeholders within the shires where they lie. It is therefore statute and ordained that in all time coming it shall not be permissible to the provost and bailies of burghs nor no stenters within the same to stent any persons therein according to their livings and rents lying outwith burgh† as they do with other persons of their rank and substance that have no rent nor living outwith burgh, and in no other way.
[1597/11/55]*[print] [email] [cite] [preceding] [following]
The estates of parliament presently convened, considering how expedient it is that his majesty, for sundry weighty affairs and of great consequence tending to the advancement of his highness's honour and estates and to the benefit of all the whole lieges of this realm, shall [direct]† diverse and sundry honourable ambassadors to sundry foreign princes; and foreseeing the great and excessive charges that must be made by his majesty in furnishing and equipping the said ambassadors, and his said estates being willing to help further and supply the same and relieve his majesty of a part thereof, have therefore freely and voluntarily offered and granted to his majesty a taxation of 200,000 merks to be uplifted and paid by the whole lieges of this realm in form as follows: that is to say, the sum of 100,000 merks by the spiritual estate, the sum of 66,666 merks 8s 10d by the barons and freeholders, and the sum of 33,333 merks 4s 6d by the barons† of this realm, and that to be paid between now and 1 April next to come. And for collection of the spiritual persons' part of the said taxation, it is ordained that letters be directed charging all and sundry bishops, abbots, priors and other beneficed persons contained in the tax roll, their chamberlains, factors and intromitters with their livings to make payment of the sums that they and every one of them are taxed to Mark [Kerr], lord Newbattle, master of requests, his highness's collector general appointed for receiving of the said [whole]† taxation, or his factors, deputes and officers in his name having his power to receive the same, and that between now and 15 March next to come under the pain of rebellion and putting of them to the horn; and if they fail, the said day being bypast, to denounce [etc. And]† that the prelates and beneficed men for their relief have letters to charge their vassals, subvassals, feuars, tacksmen, ladies of terces, conjunct-fiars, [life-renters]† and pensioners to make payment of their parts of the said taxation proportionally [within 20 days]† next after they be charged thereto under the pain of rebellion etc.; and if they fail etc., to denounce etc., and, if need be, to poind and distrenzie thereof as they think most fit and expedient. Always declares that the production of sufficient hornings against the said feuars and vassals shall be a relief to the said prelates and shall exonerate them for as much from the payment of the said taxation. And further, that the said prelates and other beneficed persons may have their relief of their said vassals, feuars, tacksmen and pensioners to their greater ease and less trouble to their said vassals and others foresaid, and to the effect [that]† every man proportionally may pay his part of the said taxation according to the quantity and value of the free rent that he has of his lands and free rent and teind sheaves pertaining to him, as well as the prelate himself as the feuar or tacksman, it is thought expedient, statute and ordained that the said prelates shall every one of them severally convene his whole feuars, vassals and tacksmen at such convenient places as he thinks fittest, and cause summon them personally or at their dwelling places for that effect; and being convened, the said prelates and beneficed persons shall show to their [said]† vassals the quantity of the taxation imposed upon them, and they with one consent shall distribute the same to be paid by every man, [as well as by the prelate as by the vassal, feuar, tacksmen and]† pensioner according to the great or small quantity of his free rent that he has either of his lands, teinds or pension. With certification to any of the said persons, feuars, vassals, pensioners and others foresaid that compears not at the day appointed to the effect foresaid, that such as shall compear with the said prelate and beneficed person shall proceed in the equal distribution of the said tax, as well as amongst them that are present as the absents, which shall be as lawful in all respects as if the whole number were convened. And also it is thought expedient, statute and ordained that all erections of any prelates in temporal lordships shall in the payment of this present taxation pay to the collectors of the said taxation so much of this present taxation proportionally as if they were in no way erected and as they were subject to do of before the erection of the same, with special provision always that this shall be no preparative of the like hereafter, but that in all time coming their said erections shall pay their† said taxations to be hereafter imposed as other temporal livings within this realm, and this in no way to prejudice or derogate in any way to their said erections. And likewise it is statute and ordained that all dissolved benefices within this realm shall be subject in payment of so much of the said taxation proportionally as they would have been subject to if so the same had not been dissolved, and therefore that letters be directed charging the present possessors of the said dissolved benefices, every one of them for their own parts, to pay proportionally their part of the said taxation to the quantity that the same benefice would have been taxed [to]† if the same benefice had not been dissolved as said is, within 20 days next after they be charged thereto under the pain of rebellion etc.; and if they fail etc., to denounce etc. And likewise because that at this present there are sundry prelacies vacant unconveyed to any person or persons whatsoever, therefore it is statute and ordained that the said collector general shall use the like form by himself or some other qualified person in his name with his feuars, vassals and tacksmen of the said vacant benefices that is prescribed and set down of before to be done by the prelates and other beneficed men in the distribution of the said taxation as said is, and the said estates authorise the said collector general of this present taxation in the very place of a provided person† to the said vacant benefices for this effect only. And for the barons' and freeholders' part of the said taxation, that letters be directed charging all and sundry sheriffs, stewarts, bailies, their deputes and clerks that they and each one of them within the bounds of their offices raise and uplift the sum of 40 shillings of every pound land of old extent lying within the bounds of their jurisdiction and collect and deliver the same to the said collector general between now and the said 15 March, which term of payment of the said taxation under the pain of rebellion etc. And [for their relief]† that letters be directed etc. charging all and sundry earls, lords, barons and freeholders to make payment and deliverance to the said sheriffs, stewarts, bailies and their deputes and clerks, each one of them for their own parts, for the sum particularly above-written of every pound land of old extent pertaining to them as for the said taxation within 20 days next after they be charged, under the pain of rebellion etc.; and if they fail etc., to denounce etc., to escheat etc. or else that the said sheriffs, stewarts, bailies and their deputes poind and distrenzie thereof as they shall think most fit and expedient. And that the said earls, lords, barons and freeholders have such letters for their relief against their vassals, subvassals, ladies of terce, conjunct-fiars and life-renters.
And because there are diverse and sundry barons within this realm dismembered and the barons of the said baronies in time bygone have had no relief for so much of the said barony as was dismembered, against all reason, seeing that the sheriff, stewart or bailie or their deputes without any regard charged the present barons of the barony for the whole taxation of the same, as if no part thereof was dismembered, therefore it is statute and ordained that all such parts of any barony as are dismembered therefrom shall be retoured by the sheriff of the shire where the same lies to the value and quantity proportionally of the whole barony; and being retoured, the said baron shall have letters of relief against the heritors of the said dismembered part of the barony for relief of him of so much of the said taxation as the same lands shall be retoured to by the sheriff within 20 days next after the charge under the pain of rebellion etc.; and if they fail etc., to denounce etc.
And further it is statute and ordained that all the stewarts and bailies of any part of his highness's property shall with all convenient expedition cause retour the whole lands of the same, every one within his own bounds and jurisdiction, and that to the same value, quantity and proportion as any other lands lying next adjacent to the same held of his majesty set or retoured to, having nevertheless a special regard to the free rent that the feuars and rentallers have of the same lands beside their feu ferms and duties paid by them to our sovereign lord; which lands being retoured as said is, it is ordained that letters be directed by the said collector of this present taxation charging the said stewarts and bailies to raise and uplift the sum of 40 shillings of every pound land that his said highness's property shall be retoured to, every one within his own jurisdiction, and collect and deliver the same to the said collector between now and the [said]† 15 March next to come under the pain of rebellion etc.; and if they fail etc., to denounce etc. And for their relief, that letters be directed charging all and sundry feuars, rentallers, tenants and tacksmen of his highness's property to make payment and deliverance to the said feuars, bailies and their deputes and clerks, each one of them for their own parts, the sum particularly above-written for every pound land, that their said lands shall be stented or retoured to within 20 days next after the charge under the pain of rebellion etc.; and if they fail etc., to denounce etc., and if need be, that the said stewarts and bailies poind and distrenzie thereof as they shall think most fit and expedient. And because his majesty's property hereof has in no way been in use and custom of any payment of any part of any taxation granted heretofore, neither did that relieve the rest of the lieges of any part of the same, his highness and estates foresaid think it most fit and expedient that the said taxation to be uplifted from the said feuars, tenants and tacksmen of his highness's property shall be in no way accounted nor allowed in part of the said sum of 200,000 merks, but the same sum to be uplifted according to the division above-written; and the sums to be uplifted of the lands of his highness's property to be made account of by the said collector over and beside the sum of 200,000 merks granted as said is, providing always that the same be in no way employed nor bestowed to any use whatsoever except to the same effect that the other great sum above-written. And for collection of the burghs' part of the said taxation, that letters be directed charging the provost and bailies of each burgh to make payment of the tax and stent thereof to the said collector general at the time above-specified under the pain of rebellion etc.; and if they fail etc., to denounce etc.; and for their relief, that letters be directed charging all and sundry inhabitants of each burgh to convene and elect certain persons to stent their neighbours. And the said election being made, to charge the persons elected to accept the charge upon them in setting of the said stent upon the inhabitants of each burgh, and to convene and set the same and make stent rolls thereupon as appropriate within 24 hours next after they be charged thereto under the pain of rebellion etc.; and if they fail etc., to denounce etc. and escheat etc. And likewise the said stent roll being made and set as said is, to charge the burgesses, inhabitants and neighbours of each burgh to make payment of their parts of the said stent to the said provost and bailies according to the tax roll to be made and given up† thereupon within three days next after [the]† charge under the pain of rebellion etc.; and if need be, to denounce etc. and escheat etc., and if need be, that the said provost and bailies poind and distrenzie thereof as they think most fit and expedient. It is statute always and provided that no person whatsoever be stented or taxed within burgh except according to the value and quantity of his rent, living, goods and gear that he has within burgh, in no way respecting his lands and possessions which he has to landward, for the which he will be obliged to pay taxation to other officers. In addition the said estates, considering the manifold abuse that has been used in all times bygone by sundry of the lieges against all [good]† conscience and† causing their poor farmers and labourers of their ground being removable, who were subject in payment of very dear ferms, to relieve them of the whole burden of the said taxation which has been the occasion of the impoverishing of a great number of the said farmers and bringing of them to utter wrack and ruin, where as of reason the said tenants should be altogether free from the payment of any taxation and the same should be paid by such as have free rent, lands and goods of their own. For remedy whereof, it is statute and ordained that no person whatsoever exact or compel his tenants and farmers removable who pays him ferm for the lands occupied by them to [pay]† any part of this present taxation or to suit relief of the same at their hands. And if the same be found [done]† by any persons, that they shall be called and convened before his highness's justice and his deputes as violent and masterful oppressors of his highness's subjects and punished for that according to justice.
And to the effect that by the negligence of collectors appointed for collecting of the said taxation in letting time overslip, the silver be not in readiness in due time to the effectuating of the purpose for which the same was appointed, therefore it is ordained that the said letters and charges to be directed against the said prelates, beneficed persons, sheriffs, stewarts, bailies and provosts and bailies of burghs to be in readiness against 1 January next to come, at the which time the said collectors shall use all possible diligence for the due execution of the same.
In addition, it is concluded, determined and resolved that no suspension of any letters or charges to be directed for payment of the said taxation shall be granted either by the lords of council or† session or by the lords of secret council, but discharges them simply of any granting of the same always as the equity of the cause requires. His majesty and estates have given and granted special power and commission to Alexander [Seton], lord Fyvie, president of the college of justice, Walter [Stewart], prior of Blantyre, treasurer, Master John Lindsay of Balcarres, secretary, Master James Elphinstone, parson of Eaglesham,† Master John Skene [of Curriehill], clerk register, and Master Thomas Hamilton of Drumcairnie, his highness's advocate, giving them (at the least any four of them, being altogether convened) only power and commission to grant the said suspensions of the charges direct for the said taxation and to decide the said suspensions according to equity and justice; discharging all others the lords of secret council and session of any meddling therewith and of their offices in that part. And also our said sovereign lord and his estates being† given power and commission to the said persons above-mentioned to decide the whole suspensions resting undecided of any taxations granted heretofore, and ordain them to administer justice therein according to reason.
And because his majesty has been defrauded of a great part of his taxation granted heretofore by reason that the sheriffs of each shire who should be collectors of the said taxation and are men of that power and authority within the said sheriffdoms, that there are none within the same that either dare or will in any way resist the said sheriffs in poinding for this present taxation, yet nevertheless sundry of the said sheriffs heretofore having [had]† no regard to the dutiful obedience they owe to his majesty and to the faithful discharging of their offices, have not† in time bygone a sufficient exoneration of them for as much of the said taxation as they produced letters of horning executed against any person for the same, whereby the power of the same letters he might have lawfully poinded the readiest goods and gear of the said rebels or else by production of alleged deforcements done willingly† to defraud his majesty when as in their own particular they would in no way suffer the like, being men of that authority and power as said is, that they are able with strong hand to poind and distrenzie the said rebels' goods if they pleased. For remedy whereof in time coming, it is statute and ordained that the collectors of the said taxation, neither the auditors to be appointed hereafter for the hearing of the said collectors' accounts, in any way receive any horning or deforcement for a lawful exoneration to the said sheriffs for the said taxation for as much, but only the payment of the sums with which† they are charged for always; the [said]† estates remit to his majesty's consideration the conditions of some sheriffs who are not of that power and authority within their sheriffdoms that are able with strong hand to poind such rebels' goods and gear as shall be denounced to the horn for this present taxation, of whom his majesty has promised as he finds convenient to receive hornings and deforcements for their exoneration.
And because heretofore there has been a great abuse used by the sheriffs and their officers in uplifting and raising [of]† other taxations heretofore by forcing the subjects to pay in a manner a new taxation to them for collection of the same, alleging it to pertain to them as sheriffs, albeit they by their offices are subject in collection of the same and in no way the said subjects debt bound in payment of any duty to them, therefore it is statute and ordained that no sheriff nor officer whatsoever, directly nor indirectly, upon any kind of pretext, charge, uplift or raise from any of his highness's subjects any duty whatsoever except the sum of 40 shillings for every pound land contained in the letter, under the pain of deprivation of the said sheriff of his office in case it be found that the same was in any manner of way done of his command or allowance. And if the fault be committed by the officer himself, not only to be the deprivation of him simply from the office but also to be a crime of falsehood and he to be excused† before the justice and his deputes and punished to the death for that with all rigour.
And further his majesty and estates foresaid by this act annul and discharge all privileges and immunities whatsoever whereby any persons may think themselves free of any payment of this present taxation, excepting only the privileges of the lords and members of the college of justice, to which his highness and estates will in no way derogate in any thing.
Further his majesty and estates, being acquainted with the great abuse that has been in times bygone by granting of precepts to sundry inopportune persons for answering them of a part of sundry taxations granted heretofore, through which his majesty has been very far circumvented, the same sums of money imposed upon the subjects being otherwise bestowed than to that end for which they were destined. For remedy whereof, his majesty and estates foresaid ordain and command the said collector that he in no way [answer],† obey and make payment of any part of the said taxation to any person or persons upon pretext of any precept or precepts to be directed or subscribed by his highness unless the said precepts be subscribed by the commissioners underwritten, whom his majesty and estates have appointed to be overseers that this present taxation be in no way employed but to the furnishing of the said ambassadors: they are to say, Peter [Rollock], bishop of Dunkeld, David [Cunningham], bishop of Aberdeen, John [Bothwell], commendator of Holyroodhouse, Edward [Bruce], commendator of Kinloss, William [Douglas], earl of Angus, George [Keith], earl Marischal, John [Erskine], earl of Mar, Alexander [Livingston], lord Livingston, Master David Carnegie of Colluthie [and Kinnaird], Sir George Home of Wedderburn, knight, John Touris of Inverleith and Alexander Straiton of Lauriston, Henry Nisbet, provost of Edinburgh, Sir William Seton [of Kylesmure], provost of Haddington, Nicolas Cornwall of Bonhard, provost of Linlithgow, and Walter Cowan [of Taylorton], commissioner to this present parliament to† the burgh of Stirling, (or any eight of them, there being always two of the spiritual estate, two noblemen, two barons and two commissioners of burghs), which persons shall only direct the said precepts to the said collector for answering [of]† any part of the said taxation, and that only to the use above-written for directing of the said ambassadors. And if any precepts upon any other effect or to any other use be answered than to the use above-written, in that case as well the said collector as so many of the commissioners above-written as shall subscribe the said precepts shall be answerable to his highness and estates for the sum disbursed, and the same precepts shall be no discharge nor allowance to the said collector in his accounts. And if at any time appointed for collection of the said taxation occasions may intervene that it shall not be necessary to direct away any such ambassadors, it is always provided that the said collector shall retain the said sum in his hands until that the said ambassadors be directed, or that by his highness's parliament and estates to be convened hereafter the said sum shall be employed with all their consents to some other good work tending to his highness's honour, advancement and benefit of this realm. Upon the which declaration, Henry Nisbet, provost of the burgh of Edinburgh, in name of the whole burghs, asked instruments. Likewise is provided that the said collector shall be in no way urged nor subject to receive nor answer any assignation nor precept to the use above-written exceeding his receipt or intromission, albeit the same be orderly subscribed as said is, but that it shall be a sufficient excuse to him in refusing the acceptance thereof that he has received no more than he has disbursed already upon anterior precepts.
And further his majesty and estates considering that diverse and sundry persons dwelling within regalities have without any regard of his majesty's laws past wilfully to his highness's horn and remained thereat as rebels, thinking themselves in surety great enough by reason that the lords of the said regalities, having right to their said escheats, commonly conveys the same in favour of the said rebels, through which his majesty is defrauded of so much of the said taxation as is to be paid by them. For remedy whereof, his majesty and estates by this act determine and conclude that in all time hereafter when any person within any regality within this realm be denounced for non-payment of the said taxation, that the lords of the said regality shall either cause the said sum for which the said rebel is denounced to be paid to his majesty's collectors of this present taxation between now and the said 15 March next to come, or then the said lord of regality shall renounce and give over any right and title that he may have or claim to the said rebels' escheat, and that in favour of his highness's treasurer, whom his majesty and estates foresaid ordain to intromit therewith and to make account of the same before the lords auditors of his highness's exchequer, that by this preparative hereafter his highness be not defrauded of any part of the said taxation by reason of the said rebels' voluntary passing to the horn as said is.†
And lastly, because the officers' charges for the said taxation, uplifters and receivers of the same, have been in use of allowing to themselves great and extraordinary fees for their service, which was a great impairing of the former taxation, there being a great part thereof bestowed upon the charges in collecting of the same, albeit it might have been collected upon far less expenses if so the collectors of before had used the greater foresight in not suffering the said officers to continue in their alleged wonted allowance; therefore his majesty and estates ordain the said collector general of the said taxation to settle, transact and agree with the said officers, executors of the said charges, upon as reasonable conditions as possible, having no respect altogether to any old custom that the said officers may crave by any allowance granted of before.†