[1598/6/1]*[print] [email] [cite] [preceding] [following]
The king being present.
[1598/6/2]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates presently convened, for removing of the present feuds that abound within this realm, finds it fit and expedient that the parties be charged to compear before his highness and secret council at such days as shall be thought expedient to submit to two or three friends on either side, or to subscribe a submission formed and sent by his majesty to them to be subscribed, which friends, by their acceptance, shall be bound either to submit within the space of 30 days after they have accepted, or else to agree at their first meeting on an arbiter who shall decide within that space; which if they cannot do, they shall within the foresaid 30 days report the grounds and causes of their disagreement to his majesty and such councillors of his council as his highness shall find least partial and suspect, whose majesty, by the advice of the estates here present, is declared to be arbiter in that matter; and failing that the friends, arbitrators, either submit or report not within the foresaid space after their acceptance, every one of them by the authority of this present act to incur the pain of £1,000 to be employed to his majesty's use. And because all feuds are one of these three natures, namely: that there is either no slaughter upon either side, or slaughter upon one side only, or else slaughter upon both sides, the parties in the first may be commanded to agree, due satisfaction being offered and performed at the sight of their friends and arbiter in manner foresaid; where there is slaughter upon both sides, his majesty may by rigour and equality of justice compel them to agree, due satisfaction being made on either side according to the quality of the offence and persons offended; where the slaughter is only on the one side, the party grieved cannot refuse in reason to submit in manner foresaid all quarrel he can bear to any person innocent, justice being made patent to him against the guilty, especially if he being ordained by this present act to pursue none other but the guilty and that by law; and the party so pursued not to bear quarrel for it but to defend in lawful manner, and that all quarrel shall cease against such as shall be lawfully pursued in this form, either by their conviction and execution by law or otherwise by their clearing and agreement. That all persons being of perfect age and within the country having interest to pursue any party for crimes capital shall, within 40 days after the publication of this present act at the head burgh of the shire where the pursuer dwells, raise and cause execute their letters in the said matter and insist in the pursuit thereof; with certification to such as fails, that their action shall perish, expire and be extinct, and the said pursuer shall be compelled to submit his action in manner above-specified; reserving always to his majesty his action according to the law, providing that if the said pursuer satisfy the ordinance of this present act and be delayed either by a continuation of the diet by warrant of the prince or by the dilator defences proposed by the accused for annulling the final trial of the pursuit, in that case the prescription in no way to run against the pursuer, having done his possible diligence in manner foresaid. And because the guiltiness of crimes consists not only in the person of the actual committers thereof but also in the authors, originators and movers of the same to be committed who are accessory to and guilty of the said fact whereof no public knowledge nor certain trial is had, his majesty and estates, in no way willing that neither the authors or actors of such heinous crimes escape the due punishment through obscurity and lack of public knowledge thereof, declares that the parties offended doing their diligence as said is against the actual and known committers of the said crimes and satisfying this act regarding their reconciliation with all other persons shall in no way be prejudiced of their action competent against such persons of whose guiltiness they shall hereafter get knowledge, providing that they shall bear no feud against the said suspect persons until first after sufficient information obtained they raise their letters for summoning of the said parties to underlie the law and either make them fugitive or otherwise obtain the pursuit decided. And further that the prescription of this present act shall in no way run against any party whose actions are already submitted to a longer day than is prescribed in this act, providing that the party do his diligence in manner above-written within 40 days after the expiring of the said submission. And to the intent that justice be no occasion to breed further trouble, every party shall come to the town accompanied only with 24 persons, where both they and their company shall keep their lodging to the hour of cause; at the which first the one and afterwards the other shall be brought out by the town in arms accompanied from their lodging to the bar, with the number prescribed to their rank by act of parliament, the contravener whereof if he be pursuer shall forfeit his pursuit in all time coming; and if he be defender, he shall be denounced rebel as presumed guilty and refusing lawful trial. And for the staying of all deadly feuds in time to come where there is no cause nor quarrel given as yet, it shall not be lawful to the pursuer to invade, pursue, bear feud or quarrel against any friend of the offender innocent and not accused and convicted of the crime under the pain of forfeiture of his action and pursuit against the guilty and to be compelled to submit with the offender's self, reserving always to his majesty his action against him for the crime. Likewise the friends of the guilty person being convicted and fugitive from the law shall not bear quarrel for his pursuit by law, neither maintain, supply nor shelter him under the pains contained in the act against harbourers of fugitives and rebels. And in case any of the friends of the guilty person shelter him in contempt of this present act and others of his highness's laws, the party grieved, assisted with his highness's advocate, shall only pursue the harbourer by order of law without convocation, feud, grudge or quarrel to be borne against him for that, otherwise under the pain of forfeiture of his said lawful action in all time coming. And to this order before-specified, the whole nobility and estates here present have given their approbation and assent and sworn to conform them thereto in all feuds which shall fall out in time to come. And this present act in no way to militate in such case where the party offender is denounced rebel or shall happen hereafter to be fugitive and put to the horn for slaughter or other odious capital crimes during the time of their rebellion. And to the intent these present articles may have the better effect and be the more willingly embraced by his majesty's whole subjects, his highness, of his proper motive and gracious inclination to justice, quietness and welfare and of his people, solemnly declared and faithfully promised in presence of the said convention that for slaughter and other odious crimes to be hereafter committed his highness shall grant no respite, remission, pardon or oversight at any times hereafter albeit the parties transact and agree among themselves until the inveterate and damnable custom of the said heinous crimes be rooted out and altogether suppressed. Which articles above-written in the whole heads and points of the same our sovereign lord and estates foresaid presently convened ratify, approve and confirm and ordain the same to have the strength, force and effect of a law by the authority of the estates presently convened, and that letters of publication and executorials pass hereupon for the better observation hereof at the next parliament; at the which time, his highness, with advice foresaid, promises to ratify and cause the same be ratified as an act of parliament and perpetual law in all time coming. It is thus subscribed, James Rex.
[1598/6/3]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates presently convened, considering one of the greatest causes which has procured God's judgment from time to time to fall upon this realm in any time bygone has been the profanation of the Sabbath day, which should be only bestowed and employed in God's service and no other way, where, by the contrary, the same has been abused by the whole lieges of this realm by practice and using of games and pastimes upon the said day, pretending a lawful excuse for them in the said matter that no day in the week was granted to them for their relief from their labour except the said Sabbath, which upon necessity they were forced to break and abuse. For remedy whereof, and that the whole lieges within this realm may the better observe and keep the said Sabbath and bestow the same whole day, as well as before noon as after noon, to God's service, our sovereign lord and estates foresaid have found it fit and expedient that in all time hereafter there be one day of every week upon which day no judgment seat within this realm shall sit, neither civil nor criminal, neither shall there be any court held nor fenced, neither any subjects within this realm shall be forced to compear and answer before the said judges but they to be freed that day from any proceeding against them likewise and in the same manner as if the same was the Sabbath day indeed, discharging all officers of arms or sheriffs in that part of all using of any denunciation upon the same day; which day by our said sovereign lord and estates is appointed to be Monday every week. Likewise the same day the whole servants within this country shall be freed from all service or labour to their masters, and the same day shall be only bestowed and employed by them in using and handling of their armour and in other lawful games and pastimes procuring ability of body, whereby all persons' minds and bodies may be refreshed and they may the more willingly bestow the whole Sabbath day in God's service, having that day for relaxation from their labours, and the whole rest of the week await upon their own vocation. Discharging always the whole lieges from unlawful and unnecessary games, certifying those that be found to contravene the same that they shall be punished with all rigour. And likewise ordains the masters of all colleges and schools within this realm to permit and give liberty to their students and scholars to exercise them in the lawful games and pastimes above-written every Monday after 12 o'clock, and that they in no way be compelled or forced to return the said day to the school again. And this present act to begin and have effect the [...] day of August next to come, being the first Monday of the said month. And our said sovereign lord and estates declare that in time of harvest yearly upon the said Monday every week all cottars, tenants and farmers who are astricted and bound to harvest their master's corns shall be freed from their said master's service that day, to the effect they may employ the same in harvesting and gathering their own corns, which of before, by reason of the hard dealing of their masters, they were forced to do upon the Sabbath and break the said day which should have been consecrated to God's service; and that letters of publication be directed hereupon. It is thus subscribed, James Rex.
[1598/6/4]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and estates, for remedy of the universal contempt and rebellion of such as remains at the horn without fear of God or reverence of justice, statute and ordain that forasmuch as there are many lovable acts of parliament made against the foresaid rebellion, and that lack of execution of the said laws has bred the foresaid contempt, that therefore every sheriff, bailie, stewart and other magistrate put with all rigour the said laws into execution against the said rebels without respect of persons, and ordain the treasurer to do exact diligence in recovering declarator, warding their persons, detaining their houses and apprising their lands and heritages with all rigour for their disobedience. It is thus subscribed, James Rex.
[1598/6/5]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, nobility and estates presently convened ratify, approve and confirm the contract and appointment made, ended, perfected and subscribed by his highness, with advice of his treasurer and comptroller on the one part and the gentlemen, venturers underwritten, on the other part, regarding his majesty's disposition and alienation of the Isle of the Lewis, Rona-Lewis, parts, pendicles and pertinents of the same in all and sundry heads, points, articles, clauses, conditions and circumstances thereof, and decree the same to have the full strength, force and effect of an act of this present convention, and ordain the same to be inserted and engrossed in this present act, whereof the tenor follows: At Holyroodhouse, 28 June the year of God 1598, it is appointed, agreed and finally decided between the right excellent, right high and mighty prince James VI, by the grace of God, king of Scots, with advice and consent of the estates of his highness's realm presently convened, and also with advice of his majesty's treasurer, comptroller, general collector and of the lords of his highness's council and exchequer upon that one part, and Patrick [Leslie], commendator of Lindores, James Learmonth of Balcolmie, Sir James Anstruther, fiar of that Ilk, master of the household to the queen's majesty, James Spence of Wormiston, Sir James Sandilands of Slamannan, knight, Captain William Murray, John Forret of Fingask, William [Stewart], commendator of Pittenweem, David Home, apparent heir of Wedderburn, Sir George Home of Wedderburn, knight, his father, administrator to him, and Ludovic [Stewart], duke of Lennox, earl of Darnley etc. upon that other part, in manner, form and effect as follows below: that is to say, forasmuch as the lands and isles of the Lewis and Rona-Lewis and Trotternish, with their parts, pendicles and pertinents, being a part of his majesty's property, his highness and his predecessors have ever been most solicitous and careful to reduce the possessors thereof to their majesty's obedience and to make the same commodious and profitable to his highness, his realm and lieges which has been the more difficult hitherto to be accomplished by reason of the evil disposition and barbarity of the people, inhabitants of the said lands and isles, from time to time, who have ever opposed themselves directly to suffer or permit any policy or civility to have any entry or place amongst them. And his majesty, considering and perfectly understanding that the said lands and isles are by special providence and blessing of God enriched with an incredible fertility of corns and store of fishings and other necessaries far surpassing the plenty of any part of the inland, and yet nonetheless the same are possessed by inhabitants who are void of any knowledge of God or his religion and naturally abhorring all kind of civility, who have given themselves over to all kind of barbarity and inhumanity, who utters daily the effects thereof, not only by their treasonable practices and attempts against his majesty, his estate and quietness of this realm, but by most odious abominable murders, fires and depredations made amongst themselves extended most unmercifully to all ages and sexes where they can find them, masters of their own revenge, occupying in the meantime and violently possessing his highness's proper lands without payment of mail or grassum. Therefore, and sparing no sort of insolence against his majesty's peaceable and quiet subjects repairing to those parts in their ordinary trade, living every way as though there were neither justice in God nor power in their natural prince to call them to account, and now the gentlemen above-named being most willing at the utmost of their power to advance and set forward the glory of God, the honour of their native country and his majesty's service, and herewith to augment the yearly rent and revenue of the crown, not only in the yearly duty undermentioned but also in the planting of kirks and other policy within the lands and isles foresaid, and augmenting of his majesty's customs upon their own great cost, charge and expenses beside and above the hazard of their own bodies and lives and the lives of others, their kin and friends, therefore his majesty, with advice and consent foresaid, by this act faithfully promises and obliges his highness and his successors to duly and sufficiently infeft and seize with all possible diligence after the date hereof the whole forenamed gentlemen equally amongst them and their male heirs in feu ferm heritably by his majesty's infeftment of feu ferm under the great seal, with all solemnities requisite, in all and sundry the foresaid lands and isles of the Lewis, Rona-Lewis and Ilandschand, castles, towers, fortalices, mills, woods, fishings, salmon fishings and other fishings thereof, parts, pendicles, annexes, connexes, dependancies of the same, with all and sundry mines of whatsoever metals, minerals and materials within the whole bounds of the said lands and isles, and also with advocation and donation of kirks, benefices and right of patronage thereof, with all profits, privileges, casualties and duties of the same and all their pertinents, and also in all and whole the eighty merk land of Trotternish lying within Skye, with castles, towers, fortalices, mills, woods, fishings, salmon fishings and other fishings thereof, parts, pendicles, annexes, connexes, dependancies of the same, with all and sundry mines of whatsoever metals, minerals and materials within the whole bounds thereof, advocation and donation of kirks and benefices and right of patronage thereof, with all profits, privileges, casualties and duties of the same and all their pertinents, to be held of his majesty and successors in feu ferm and heritage for the yearly payment to his highness and their said successors, their comptrollers, chamberlains and factors present and that shall happen to be for the time for the said lands and isles of Lewis, Rona-Lewis and Ilandschand, with their pertinents, of 140 chalders of barley rinand met† to be delivered yearly at any part or most commodious port within the Lewis of the met and measure of the common stand of Edinburgh between the feasts of Yule and Easter; and for the foresaid lands of Trotternish, with the pertinents, the sum of 400 merks usual money of this realm at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter by equal portions in name of feu ferm; beginning the first year's payment of the said victual between the said Yule and Easter in the year of God 1600, and likewise the payment of the said yearly duty of 400 merks at the feast of Whitsunday [11 May] the year of God 1600. And also the male heirs of each one of the said gentlemen, adventurers, paying at their entry to the isles of Lewis and Rona-Lewis, with their pertinents foresaid, the sum of £20 for each chalder of 14 chalders of barley, for which quantity every one of the said adventurers is specially bound and obliged to, and that for the doubling of their feu ferm only; and likewise paying at their entry to the said lands of Trotternish their part of the doubling of the whole silver duty indebted yearly for the said lands in name of double as said is. Providing always that if it shall happen at any time hereafter the foresaid lands and others above-specified, with their pertinents, to be evicted by order of law from the forenamed gentlemen, their male heirs foresaid or successors, or if it shall happen them or their said male heirs or successors to be dispossessed thereof by violent force or oppression, then and in the said cases, or either of them, the said gentlemen, their male heirs and successors shall be free of all payment of the foresaid yearly feu ferm and in no way subject in payment of the same nor of no part thereof from thenceforth, which infeftment foresaid shall specially bear and contain full and free liberty and privilege to the forenamed gentlemen, their male heirs and successors of free barons with soke, sack, toll, theame, vert, wrack, wair, venison, infangthief, outfangthief, pit and gallows, with all other privileges and immunities of a free baron. And likewise the said infeftment shall specially contain a full power, privilege and liberty in most ample and due form to the forenamed gentlemen and each one of them, their male heirs and successors to erect, make and constitute as many burghs of barony within the foresaid lands and isles as they shall think expedient from time to time. And also with special and full power to the said gentlemen, their male heirs and successors to make, elect, constitute and create bailies, officers, serjeants and whatsoever other officers needful within the said burghs for ruling and government thereof, bailies, officers, serjeants and others foresaid to elect, choose, input and output as they shall think expedient. With power likewise to the inhabitants of the said burghs to pack and peel, and within the same burghs to buy and sell wine, wax, cloth, linen and woollen broad and narrow and all other kind of merchandise and staple goods, and to hold, admit and receive within the same burghs bakers, brewers, butchers, fishermen, tailors, shoemakers, weavers, fullers, wrights, smiths and all other craftsmen necessary pertaining and belonging to the liberty of a free burgh of barony. And also to build and hold within the same burghs tolbooths, market crosses and weekly markets at their pleasure, with free fairs and privilege thereof, and to gather, uplift and apply the customs of the same to their own uses, and to depute officers for keeping of good rule therein. And also with power to the said gentlemen, their male heirs and successors to receive the resignations of all and sundry lands, tenements, annualrents within the said burghs and to give and convey the same to whatsoever person or persons with all infeftments, charters, precepts, sasines and others necessary, burgh courts within the said burghs and freedom thereof to set, affix, begin, affirm, hold and continue as often as need be, and to create clerks, serjeants, dempsters and all other officers and members of court needful, transgressors to punish according to the laws of this realm, penalties, amercements and escheats of the said courts to lift, uptake and the same to their own uses to apply, and, if need be, to poind and distrenzie thereof; and generally all and sundry other things needful and expedient for the premises to do, exercise and use. And likewise the said infeftment shall specially contain a full power, privilege and liberty in most ample and due form to the forenamed gentlemen, their male heirs and successors to erect, make and constitute as many sea ports and harbours within the bounds of the foresaid lands and isles as they shall think expedient for receiving of ships, crayers, boats and other vessels, and to use the same as free ports and harbours perpetually in all time coming; and with power to the said gentlemen, their male heirs and successors to intromit with, uplift and receive all harbour dues, customs, anchorages and other duties and casualties of the said ports and harbours as freely as any other free ports and harbours within this realm, and the same to their own uses to apply. Reserving always to his majesty the great customs of all goods, as well as imported as carried out of the said isles and lands above-written likewise as his highness has within any part of this realm, and of all fishings and other goods which shall be acquired by the said gentlemen, adventurers, within the said bounds, which custom shall be taken off the said goods according to the particular A. B. C. set down regarding the said customs by the lords auditors of his highness's exchequer. And further, his majesty, being most careful that the forenamed gentlemen, their male heirs and successors and other inhabitants of the foresaid lands and isles for the time shall in no way be destitute of the comfort of spiritual pastors for preaching to them of the word of God and administration of the sacraments in all time coming, his highness, by the said infeftment, shall specially erect four sundry parish kirks within the foresaid lands and isles of the Lewis and Rona-Lewis and two sundry parish kirks within the foresaid lands of Trotternish, with a rectory, parsonage and vicarage at each one of the said kirks, and shall give and convey, likewise his majesty, with advice foresaid, by this act gives and conveys to the forenamed gentlemen equally amongst them and their male heirs foresaid the full right and heritable patronage of the said parish kirks, parsonages and vicarages thereof perpetually in all time coming. And his highness, with advice and consent foresaid, has dissolved and suppressed and by the tenor hereof for his majesty and his successors dissolves and suppresses the foresaid parish kirks, parsonages and vicarages thereof with all lands, teinds, fruits and rents whatsoever pertaining and belonging thereto from the bishopric of the Isles and benefice thereof and from all and whatsoever other benefices to which the teinds great or small of the foresaid lands and isles were in any way annexed of before; and wills, grants, decrees and ordains for his highness and his successors that the said kirks within the foresaid lands and isles, nor the teinds thereof, great or small, or other lands, fruits or rents of the same, shall be no part nor portion of the patrimony of the said bishopric of the Isles nor of no other benefices to which they were annexed of before in any time coming. And moreover, his majesty, with advice and consent foresaid, promises and obliges his highness and his successors to erect and constitute by an express condition to be contained in the foresaid infeftment an office of stewartry, justiciary and commissariat of the whole bounds of the forenamed lands and isles, with all their pertinents, with a special, ample and full commission, power and privilege for administration of justice in the said offices, using and exercising of the same within the whole bounds foresaid, with all privileges and immunities belonging thereto, likewise and as freely in all respects as any other stewart, justice or commissary has done or may do within this realm. And the said gentlemen, their male heirs or successors foresaid, or the most part of them, shall have full right, power to nominate and present to his majesty and his successors a qualified person who shall use and exercise the whole foresaid offices of stewartry, justiciary and commissariat during his lifetime; and his majesty, for his highness and his successors, promised to receive and admit the said person to be presented in manner foresaid and no others to the same offices during his lifetime in due and competent form as appropriate in all time coming. And the forenamed gentlemen binds and obliges them, their heirs and successors to give to the said person who shall be presented by them from time to time to the said offices and admitted thereto by his majesty and his successors in manner above-specified a sufficient and reasonable seal for using and exercising of the said offices, and to the effect the said offices may be made sure and free to the said gentlemen, their male heirs and successors and to the person to be nominated and presented by them for using and exercising thereof within the whole bounds foresaid in all time coming, his majesty promised and obliges his highness and his successors to cause George [Gordon], earl of Huntly, lord Gordon and Badenoch etc., heritable sheriff of the said sheriffdom of Inverness, his heirs and successors and all others having interest, to freely renounce, discharge and give over all right, title and interest which they have or may pretend to the office of sheriffship, justiciary or commissariat within the bounds of the forenamed lands and isles or any part thereof, with all jurisdiction and privilege of the same in all time coming in as ample form as the said gentlemen and their male heirs foresaid shall devise for their security. And likewise, forasmuch as his majesty, considering and perfectly understanding that the forenamed gentlemen, their heirs and successors are nor will not be able to maintain and defend their possession of the forenamed lands and isles without a continual residence therein, and if it shall happen them to be transported or drawn out of the bounds thereof in any time coming upon his majesty's and his successors' proclamations for foreign or internal raids or wars, the same lands and isles will be in peril and hazard of incursion of the highland and broken men, therefore his majesty, with advice foresaid, for remedy thereof, has liberated and by the tenor of the foresaid infeftment shall specially liberate the forenamed gentlemen and also the whole inhabitants of the same lands and isles, with their pertinents, during the lifetimes of the above-named gentlemen, venturers, from all hosts, raids and wars internal to be made by his majesty or his successors, their lieutenants or wardens by sea or land in any time coming, except only if it shall happen his majesty or his successors to have wars with foreign nations or to make expedition to the rest of the isles for conquering of the same, that then the forenamed gentlemen, feuars and immediate tenants to his highness with their household men shall be only held and astricted to accompany his majesty and his successors in proper person to the said foreign wars and expedition to the isles and in no other way; and the said gentlemen, venturers, their male heirs above-written shall no time hereafter by the exceptions above-excepted be further bound to come to any host or raid to accompany his majesty or his highness's lieutenants unless the same commission be executed north of the water of Ness, in which case they shall be ready to obey his highness's proclamations likewise as any other subjects within this realm. And also his highness, with advice foresaid, has liberated and by the said infeftment shall specially liberate the forenamed gentlemen, their heirs and successors with the whole inhabitants of the foresaid lands and isles for the time from all payment of any taxations, extents, subsidies or other impositions, imposed or to be imposed upon the realm for the time for whatsoever cause or occasion in any times coming, except only that the said gentlemen and their male heirs foresaid shall be only held and astricted to pay in each tax that shall happen to be imposed for their parts accounting the whole lands of the Lewis to a forty pound land and accounting the said lands of Trotternish to an eighty merk land so long as they shall happen to possess the same lands and isles in property in time coming, and the same in no way to be evicted nor recovered from them by order of law, nor they nor none of them nor their male heirs foresaid to be dispossessed thereof by violent force or oppression as said is nor no other way. In addition it is specially agreed and convened upon between his majesty, with advice and consent foresaid, and the forenamed gentlemen by express condition of this present contract, likewise the said gentlemen by the tenor hereof binds and obliges them faithfully, their male heirs foresaid and successors that at what time and whensoever it shall happen them to be duly and sufficiently infeft and seised in the foresaid lands and isles of the Lewis and Rona-Lewis, Ilandschand, parts, pendicles and pertinents of the same, either by lawful resignation of the just and lawful proprietors thereof or by lawful recognition, and that thereby the right thereof be lawfully established in the persons of the said gentlemen and their male heirs foresaid, that they shall immediately thereafter make resignation and renunciation of all and whole the foresaid eighty merk land of Trotternish, with their pertinents, in the hands of his majesty and his successors, there to remain; providing always that at the time of the said resignation and renunciation of all and whole the foresaid eighty merk land of Trotternish, with the pertinents, his majesty and his successors duly and sufficiently infeft and seize again of new the forenamed gentlemen equally amongst them and their male heirs foresaid in all and whole the same lands of Trotternish with their parts, pendicles and pertinents; and that in special clause of warrandice and security of the foresaid lands and isles of the Lewis and Rona-Lewis, with their whole parts, pendicles and pertinents in due and competent form as appropriate. And otherwise the said forenamed gentlemen, their male heirs nor successors in no way to be held nor obliged to make the said resignation nor renunciation of the said lands of Trotternish in his majesty's or his successors' hands, there to remain, nor otherwise unless they be infeft of new therein in warrandice as said is in manner and form above-expressed. And finally his majesty promised and obliges his highness and his successors to reiterate and renew this present contract and appointment, with the whole infeftments, rights and other securities particularly above-mentioned appointed to follow thereupon, to the said gentlemen, their male heirs and successors in as ample form as they shall devise for their security as often and so often as they shall desire the same. As also his majesty promised in the first word to cause this present contract and appointment, with the whole infeftments and securities above-mentioned appointed to follow thereupon, be duly ratified and approved in his highness's next parliament by the three estates thereof with all solemnities requisite, and to remove lawfully by acts and statutes of parliament all impediments that may hurt or make impediment or derogation to the said contract, infeftments and securities above-mentioned contained therein until the forenamed gentlemen, their male heirs or successors find themselves sure. And for the more security, both the said parties are content and consents that this present contract and appointment be inserted and registered in the books of council and session, and discerned to have the strength of an act and decreet of the lords thereof, to remain therein for perpetual memory. And for acting and registering hereof, they by this act make and constitute [...]† their undoubted and irrevocable procurators jointly and severally promising concerning [their] approval. In witness of the which thing (written in the writing booth of Daniel Hay, writer to his majesty's privy seal by Robert Rawson, his servant), all the said parties have subscribed this present contract and appointment with their hands day, year and place above-specified before these witnesses, Master David Home, brother-german to Sir George Home of Wedderburn, knight, Master Alexander Hay, one of the clerks of session, Robert Skene and Patrick Innes, servants to Master John Skene [of Curriehill], clerk register, with diverse others. It is thus subscribed, James Rex, Lennox, Lindores, Pittenweem, S. J. Anstruther, J. Balcolmie, J. Sandilands J. Spence of Wormiston, W. Murray, George Home, administrator to my son David, John Forret of Fingask, Blantyre, George Home, comptroller, [Alexander Seton, lord] Fyvie, W. Elphinstone, J[ohn] Cockburn [of Ormiston], W[illiam] Bruce, clerk register, M[aster] T[homas] Hamilton [of Drumcairnie], S[ir] Robert Melville [of Murdocairnie], John Preston, D. Home, witness, Robert Skene, witness, Patrick Innes, witness, Master Alexander Hay, witness.
[1598/6/6]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, abhorring and detesting the using and bearing of handguns, hackbuts, pistols and other fire work which in all time bygone has been the occasion of sundry wild murders and slaughters, the same being prohibited and forbidden by so many good and loveable acts of parliament and council made heretofore, and that his highness's just hatred borne by him against the contraveners of the said acts may better appear, his majesty, in presence of the estates presently convened, faithfully promised to cause put all the said acts made regarding the prohibition of the wearing of the said fire work to due execution with all rigour. Likewise the whole noblemen present upon their honours then promised, every one for their own parts, to reform their own households and also so many of them that had any jurisdiction promised to see the same acts executed within the bounds of the same with all severity against the transgressors thereof, and to assist all other judges whatsoever who shall require their concurrence relating thereto. It is thus subscribed, James Rex.
[1598/6/7]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates having considered the present estate of the money of this realm and that it is in no way expedient the same be altered either in price or fines, therefore think it fit and expedient that care be taken by the treasurer how the said mint-house may operate, bullion be imported and the acts of parliament made heretofore regarding the price of the money put to due execution in all points, which they think not only to be a great benefit to the whole lieges but likewise reasonable commodity may result thereof to his majesty. It is thus subscribed, James Rex.
[1598/6/8]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates presently convened have discharged and discharge all commissions of exchequer granted heretofore to any persons whatsoever and ordain the same to cease in time to come; and have ordained Walter [Stewart], prior of Blantyre, treasurer, and Sir George Home of Wedderburn, knight, collector and comptroller, to take the burden severally of their offices which they possess presently upon themselves and discharge their duty faithfully therein to his highness's benefit, utility and profit as they will be answerable to his majesty and such commissioners as shall be appointed by his highness to be commissioners of the exchequer and auditors of their accounts yearly in the month of July in all time hereafter. It is thus subscribed, James Rex.
[1598/6/9]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, nobility and estates presently convened have found it fit and expedient that as well as his majesty's outward and inward customs as the imposts of the wine be set in tack by Sir George Home of Wedderburn, knight, comptroller, to such persons as will give most for the same, and that for the space of five years next to come, the said comptroller taking surety for payment of the duties contained in the said tack. And our said sovereign lord and estates declare that the said tack shall be effectual and valid to the said persons, obtainers of the same, for the space foresaid, notwithstanding of whatsoever act of parliament made discharging the setting of the said customs, with which acts his highness and estates foresaid dispenses for the present. It is thus subscribed, James Rex.
[1598/6/10]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates presently convened, considering with what great charges and expenses the whole acts of parliament made by his highness and noble progenitors of worthy memory have been imprinted by Master John Skene [of Curriehill], clerk register, and that nothing is more necessary for the whole lieges of this realm than the knowledge of the said laws and acts of parliament that by the ignorance of the same they present not an excuse for their offence, therefore his highness and estates have remitted order to be taken by the lords of session how that the said acts already imprinted may be bought by such subjects within this realm as are of that substance and ability to buy the same, and declares that whatever in the said matter shall be concluded by the said lords shall have the strength, force and effect of an act of this present convention. It is thus subscribed, James Rex.
[1598/6/11]*[print] [email] [cite] [preceding] [following]
The which day in presence of our sovereign lord, nobility and estates presently convened Walter [Stewart], prior of Blantyre, treasurer, has promised and taken upon him to answer yearly for £30,000 for his highness's casualties to be employed upon his majesty's most necessary affairs pertaining to that office, and to be yearly accountable in the exchequer for the surplus if any be. It is always provided that for the space of six years next hereafter, in case the said treasurer's charge of his intromission amounts to the sum of £25,000, in that case the said treasurer shall be no further bound nor obliged in his promise above-written in respect by his majesty and estates presently convened the said lord treasurer is ordained to set the mint-house in tack and assedation to Thomas Foulis and Robert Jossie, which they have accepted yearly during the said years for the sum of £5,000, for which sum the said lord treasurer was ordained to make them assignation. And further the said lord treasurer, for signifying of his willingness in his majesty's service, has freely offered that as his highness's necessity and great affairs shall require to advance by his own proper means and credit the sum of £10,000, his bygone accounts being first heard and footed in the exchequer according to the order, providing that he be no further burdened by his majesty in any further advancement.
[1598/6/12]*[print] [email] [cite] [preceding] [following]
In presence of the king's majesty and estates presently convened compeared Sir Robert Melville of Murdocairnie and protested that whatever condition was made of the mint-house to Thomas Foulis, or any other condition or order made to any other person for payment of their debts, shall in no way be hurtful nor prejudicial to the said Sir Robert regarding the payment of the debts owing to him by his majesty or treasurer, but that the treasurer remain debtor to him according to the particular condition set down in the council between the treasurer and the said Sir Robert, to the which act that this act shall in no way derogate in any point. The which protestation our said sovereign lord and estates admitted.
[1598/6/13]*[print] [email] [cite] [preceding] [following]
The which day Sir George Home of Wedderburn, knight, comptroller, promised and took upon him to furnish their majesties' houses and the whole ordinary burdens of his office honourably upon the rents of the offices which he has presently, and that before any payment of any debts owing by his majesty to any person for any cause whatsoever preceding, and that the king's majesty should not be mistaken in the premises; concerning which, he shall be answerable to the king's majesty and estates and accountable in his highness's exchequer according to custom. And over and above the premises, the said comptroller shall make sufficient assignation of £10,000 for maintenance of the prince's and princess's houses, and likewise shall make sufficient assignation yearly of £25,000 to be paid to Thomas Foulis and Robert Jossie, their cautioners and creditors, and this act to have effect and begin 1 November next to come. It is thus subscribed, George Home.
[1598/6/14]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates presently convened, having considered the complaint and supplication given in by the subjects inhabitants within the bounds of Nithsdale, Annandale and other parts of the west border bearing in effect that where it is not unknown to his majesty and lords of council what great, odious and detestable slaughters, murders, bloodsheds and enormities have been perpetrated and committed by the laird of Johnstone, his name, kin and friends, having first most cruelly and unmercifully slain and murdered the late John [Maxwell], lord Maxwell, his highness's lieutenant and officer for the time, with [Sir John Maxwell], laird of Nether Pollok and sundry other barons and gentlemen to the number of 30 or 40, next a great number of honest men of Sanquhar, with sundry gentlemen and others since then, to the great contempt of God, his majesty, all form of law and justice and the trouble of the quiet estate of the country; and how that the said laird continues still in prosecuting a most wild and bloody course without respect of assurance, oath or promise or reserving of any duty toward God, his majesty or mutual love and charity towards his neighbour, whose detestable misbehaviour and dishonest form of life the said subjects at this time of convention, having thought fit to complain of and aggravate to his majesty and estates presently convened for the better remembrance and manifestation thereof, and although his highness be sufficiently persuaded thereof and detests and abhors such cruelty, bloodshed and insolence as becomes a godly prince and sovereign would wish always the punishment thereof, yet some persons about his majesty and others not regarding his majesty's honour nor welfare ceases not to travail and intercede in favour of the said laird of Johnstone, being therewith as his majesty and estates knows declared by act of council lately perjured, defamed and unworthy of credit, honour or estimation for his foul and traitorous break of assurance. Therefore his majesty, with advice of the estates foresaid, has by this act expressly discharged and inhibits all his majesty's subjects to receive, supply, fortify, assist, intercommune, show favour, intercede, travail or intercommune with the said laird of Johnstone in any sort as they will be answerable to his majesty upon their obedience at their highest charge and peril, certifying those that contravene the same that they shall incur his highness's indignation and shall be punished with all rigour to the terrifying of others to do the same. It is thus subscribed, James Rex.
[1598/6/15]*[print] [email] [cite] [preceding] [following]
The king's majesty, with advice of the nobility and estates presently convened, understanding that Thomas Foulis, goldsmith, and Robert Jossie, burgesses of Edinburgh, have not only disbursed the most part of their own means and goods in his highness's service, but also have contracted many great debts for furnishing of his majesty at diverse times in jewels, clothing, ready money and other necessaries; and his majesty being very careful for discharge of his honour and conscience to see some solid order taken for relief of the said debts and payment of the creditors to whom the said Thomas and Robert are indebted, according to the roll produced and subscribed by the said Thomas containing the names of the said creditors and particular sums owing to every one of them, and that so far as the sums of money owing by his majesty to the said Robert and Thomas may extend, therefore his majesty, with advice and consent foresaid, has assigned and conveyed and by the tenor hereof assigns and conveys to the said Thomas and Robert, their heirs and assignees in full satisfaction of the said sums of money resting owed by them to the said creditors contained in the said roll, extending to the sum of £145,700 money and annualrent of the same during the space and years underwritten, the sum of £30,000 money yearly, to be intromitted with and uplifted by them and their factors in their names, in manner and to the effect after-specified by the space of six years next and immediately following the day and date of this act, that is to say the sum of £25,000 promised by the comptroller to be assigned by him to the said Thomas and Robert out of the rents of his offices yearly the said years, and £5,000 assigned by the treasurer as for the duty of the tack of the mint-house set during the said years to the said Robert and Thomas, according to the act of convention made relating thereto for completing to them of the said sum of £30,000 yearly during the space foresaid. And for the said Thomas and Robert, their greater security of the said £5,000 to be assigned to them by the treasurer, our said sovereign lord and estates foresaid have ordained Walter [Stewart], commendator of Blantyre, treasurer to his majesty, to make sufficient tack, right and security to the said Thomas Foulis and Robert Jossie of his highness's mint-house and whole profits and casualties thereof for the space of six years for the yearly duty of £5,000, to be retained in the said Thomas and Robert, their own hands, and to be forthcoming to their said creditors; providing always that if at the making of the said Walter, commendator of Blantyre, his accounts, it be found that his charge extend not to £30,000, that he be not burdened with his promise presently made to make his majesty's casualties worth £30,000 yearly in the charges of his accounts, but he shall be sufficiently discharged by making the charge thereof to extend yearly to the sum of £25,000. And to the effect the said yearly sum may be employed to the relief of the said Thomas and Robert's debts and payment of their said creditors and no other way, his highness, with advice and consent foresaid, has statute and ordained that the said sum of £30,000 shall be divided yearly during the space foresaid among the said Thomas and Robert's creditors for payment of their debts proportionally, every one of them according to the quantity of their principal sum and annualrent of the same, so that their payment may be equal and uniform in proportion and that every one of their debts may be complete between now and 11 November in the year of God 1604. And to the effect the said Thomas and Robert may the more conveniently use all permissible means and diligence for to enable themselves to satisfy the said creditors by collection of the sum and all other good occasion, his majesty, with advice and consent foresaid, takes the said Thomas and Robert and their cautioners and sureties bound with them or for them to their said creditors in his peaceable protection and safeguard, so that they shall in no way be troubled, charged or pursued by the said creditors during the said space but yearly and proportionally according to the rate of their principal sums contained in the said roll and annualrent of the same, extending to 10 merks for each 100 merks thereof and no further, notwithstanding of whatsoever greater penalties convened between them relating thereto of whatsoever bonds or obligations made thereupon since the contracting of the said principal debts. Discharging all judges spiritual and temporal within this realm, with other officers and executors of his highness's laws, in any way to proceed in any action at the instance of any party against the said persons or their cautioners for whatsoever debts resting owed by them to the said creditors nominated and contained in the roll foresaid or annualrents of the same or putting any decreet to execution relating thereto by arresting, horning, warding, poinding, comprising, removing or ejecting of them or either of them or any other manner of way during the space foresaid, except in so far as may concern the payment to be made proportionally of the equal portions of their said debts by the order appointed by this present act. And for the greater manifestation of his highness's willingness not only to pay the sums of money owing by his majesty to the said Thomas and Robert by their previous accounts, but also all such other sums as they have disbursed in his highness's service since the the footing of their last account, his highness ordains the said Thomas and Robert to make, perfect and give to the lords auditors of his highness's exchequer within one month immediately after the return of the said Robert Jossie out of England (which shall be at the farthest between now and 15 October next to come) a perfect account of all their previous intromissions and disbursements in his highness's affairs; which, being heard and considered, his highness, with advice foresaid, faithfully promises in the first word to see them satisfied and paid of all sums of money which shall be found resting owed to them over and above the particular sums of money respectively foresaid resting owed by them to their creditors foresaid contained in the said roll, extending to the said sum of £145,700, for payment whereof and annualrents of the same to the said creditors during the said space this present act and assignation therein contained is made only. Providing always if at the footing of their said accounts the king's majesty shall not be found resting owed to them the whole sum of £180,000, whatever shall be the quantity of the said debt less than the said sum, the same shall be retained of their last year's payment by the comptroller and their assignation in that case for so much as the king's majesty shall be found not to be indebted in shall cease. It is thus subscribed, James Rex, W[illiam] Elphinstone, secretary.
[1598/6/16]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates presently convened ratify, approve and confirm the act of council made at Holyroodhouse, 26 February last in the whole points and articles of the same, and ordain the same to have the force, strength and effect of an act of this present convention, and ordain his highness's treasurer to be careful and diligent in uplifting and intromitting with the penalties which shall happen to be incurred by any person in not observing of the said act, and the same penalties to be applied wholly to the furnishing of armour and of all other war-like provision for his majesty's house, of which act the tenor follows: At Holyroodhouse, 26 February the year of God 1597 [1598]. Forasmuch as it is most requisite that in time of peace provision be made and care taken for the war when at God's pleasure the same shall happen to fall out; and his majesty and lords of his secret council, considering that there are diverse good and lovable laws and acts of parliament made and set out by his highness's most noble progenitors, and specially by King James V, his highness's grandfather of worthy memory, regarding weapons and armour that every man be armed according to his rent and of general musters and wappenschaws and towards the forewarning thereof, and sundry other orders tending to the preparation for war and defence of the realm, which of a long time bygone has not been duly observed and put into execution, to the great hurt and prejudice of the commonwealth; therefore his majesty, with advice of the lords of his secret council, has thought fit, concluded and resolved that every earl, lord, baron and others of his highness's lieges of the rank, degree and substance hereafter specified shall be furnished and armed as is hereafter prescribed within the space of 10 months next after the publication hereof at the market crosses of the head burghs of this realm: that is to say that every earl be armed and furnished with defensive corslet of proof, head pieces, vanbraces, taslets and a Spanish pike, and that he be furnished with 20 stand of armour in manner foresaid for his own household. That every one of the said lords be also armed in the same form and manner and furnished with 10 stand of the same armour for his own household. That every baron be likewise armed as said is and furnished with 1 complete stand of the foresaid armour for every 15 chalders of victual that he may spend. That every baron and gentleman whose living depends not upon victual shall be provided and furnished with 1 complete stand of the foresaid armour for every 1,000 merks of his yearly rent. That every gentleman valued in yearly rent to 300 merks either in victual or silver be furnished with a light corslet and pike or else a musket with a musket support, bandolier and head piece; and this to be extended as well as to those dwelling to burgh as to landward. That the provosts, bailies and council dwelling within every burgh take order, every one of them within their own bounds and jurisdiction, that every one of their neighbours, burgesses, indwellers within their town worth £500 of free gear, be furnished with a complete light corslet, a pike, a halberd or two-handed sword or else a musket with a musket support, bandolier and head piece, and that for every light corslet and pike within their burgh there be two muskets, and that every sheriff and such others as shall be appointed commissioners to this effect take the same order with all and whatsoever persons dwelling to landward within their bounds and jurisdiction being of the same rank, estate and substance. In addition, his majesty, with advice of the said lords, for the more speedy effectuating of this order, has also thought fit to appoint a general muster and wappenschaw to be made by all his highness's lieges universally through all the parts of this realm upon 1 May in the year of God 1599, to be received by the sheriffs, stewarts, bailies of regalities and royalties assisted with such commissioners in every shire as it shall please his majesty by his missive letter to appoint, and by the provosts and bailies within burgh; and to the effect none shall pretend ignorance hereof, ordains letters to be directed to officers of arms, sheriffs in that part, charging them to pass and make publication and intimation of the premises to all and sundry his highness's lieges by open proclamation at the market crosses of the head burghs of this realm and all other places needful, and also to command and charge all the said earls, lords, barons, gentlemen and others particularly above-specified to prepare and furnish themselves and their households with the several armour before-expressed within the said space of 10 months next after the publication hereof at the market crosses of the head burghs of the sheriffdoms where they dwell under the pains following: that is to say, every earl under the pain of 2,000 merks, every lord 1,000 merks, every baron for every 15 chalders of victual that he may spend 100 merks, and every other person of the rank and substance above-written £40; and likewise to command and charge the foresaid persons and all others of his highness's lieges dwelling as well as to burgh as to landward, regality as royalty, to prepare and address themselves well and substantially provided, furnished and armed, each one of them particularly as is above prescribed, to give and make their musters and wappenschaw upon the said 1 May in the year of God foresaid, in presence of the said sheriffs, stewarts, bailies of regalities and royalties and such others as shall be appointed his highness's commissioners within every sheriffdom for receipt of the same musters, certifying them that fails in any point of the premises or shall be found absent from the same musters, or yet that be present shall not be armed according to the tenor of this act in every point, they being of the rank or substance above-specified, that not only shall the pains above-mentioned be collected from them, but that they shall be noted, reputed and esteemed as not compearing to the said musters and wappenschaw and the pains prescribed by the said acts of parliament made relating thereto shall be executed against them with all rigour and extremity in example of others. It is thus subscribed, James Rex, W[illiam] Elphinstone, secretary.
[1598/6/17]*[print] [email] [cite] [preceding] [following]
The which day our sovereign lord and three estates presently assembled, considering the great service done by James, archbishop of Glasgow not only to his majesty's late dearest mother of good memory but also to his majesty's self, and considering the great love and affection the said archbishop has borne and bears towards his majesty and native country and the great honours done to his majesty and country by the said archbishop in exercising and using the office of ambassador this long time bygone, and that his majesty has employed the said archbishop and is to employ him in the said office of ambassador for treating of great and weighty affairs with foreign kings and princes concerning his majesty and his successors' great honour, profit and commodity and advancement of the whole realm and eschewing of manifold apparent dangers and inconveniences which may ensue, which office the said archbishop is and has been most willing ever to accept upon him upon his great, large and exorbitant expenses; and seeing the said archbishop is through the death of our sovereign lord's dearest mother destitute of the greatest part of his means and rent whereby he sustained the office of ambassador and did the affairs of the country, not only to our sovereign lord's great honour and contentment but also to the great honour, advancement and support of the whole lieges resorting to these parts, preferring continually our said sovereign lord's affairs and intention, the estate of the commonwealth of Scotland, the advancement and support of the whole lieges resorting to the parts of France to his own particular commodity. In consideration whereof, our said sovereign lord cannot goodly of his honour employ the said archbishop unless he be duly and lawfully provided to a sufficient means for sustaining of the burden and rank of the said office of ambassador, which cannot be so easily done and perfected as now by restoring of the said archbishop to his honours, dignities and benefices. Therefore his majesty and three estates foresaid by this act restore the said archbishop to his heritages, honours, dignities, benefices, offices, lands, rooms, portions and actions which at any time ever pertained to him of before within the realm of Scotland, and that notwithstanding of whatsoever doom and sentence of forfeiture, decreet of barratry, horning, acts of parliament and council, excommunication, and declares the act and benefit of pacification made at Perth in the month of February in the year of God 1572 [1573], ratified in his highness's parliament in the month of April the year of God 1573, and the act of pacification and abolition made at Linlithgow in the month of December the year of God 1585, and the act made in the month of July the year of God 1587 in favour of those that were banished, troubled or exiled since the return of the king's majesty's late mother of good memory to Scotland, to be extended to the archbishop and he to enjoy and have the whole effect and commodity of the said acts as freely in all sorts and respects as if his name was expressly contained in the said acts and as any of our sovereign lord's lieges possesses and enjoys the same, notwithstanding whatsoever acts of parliament and council, statute, ordinance or law made or to be made in the contrary which may stay or impede the said archbishop to hold, enjoy and possess the benefit of the said acts. And specially dispensing with an act of parliament made in the month of June the year of God 1592, by the which it is declared that no persons shall be heard to seek the said benefit but such as have acknowledged his majesty's authority and religion presently professed within the realm; regarding which act and act of ipso facto made against beneficed persons and all other acts and statutes foresaid, our said sovereign lord and estates foresaid dispense, and declare that the said archbishop should enjoy his whole heritages, benefices, dignities, honours, rooms, actions and portions notwithstanding that he has never made confession of his faith and notwithstanding that he has never acknowledged the religion professed within this realm, regarding which his majesty and three estates by this act dispense, and that the said archbishop shall in no way be subject to the making of the confession of his faith nor to penalty nor penalties that may result upon the not making of the same during the whole time of his remaining out of the country and for one year after his returning. And for his better security, ordain letters in all the four terms to be granted and directed at his instance against whatsoever person or persons, holders and possessors of his heritages, benefices, lands, rooms, portions for possessing of him thereto, answering and obeying of him of the rents, profits and emoluments thereof of all years and terms hereafter as freely in all sorts and respects as they were and might have been at any time at the instance of whatsoever person or persons restored by the said acts of pacification and parliament above-specified, and that letters of publication be hereupon directed.
[1598/6/18]*[print] [email] [cite] [preceding] [following]
The roll of the creditors of Thomas Foulis and Robert Jossie, their particular sums of money owing to the persons underwritten as follows agreeing in sum to the quantity of debt contained in the act above-written made in their favour etc.
This by warrant granted in the convention held 14 December 1598, A. Hay.
Summa of the whole debts owing to the creditors particularly above-written by the said Thomas Foulis and Robert Jossie, extends to the sum of £145,700 money, with the additions above-written, £160,522.
[Privy council business recorded in register]†