[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.