[1598/10/1]*[print] [email] [cite] [preceding] [following]
The king being present.
[1598/10/2]*[print] [email] [cite] [preceding] [following]
Forasmuch as by diverse and sundry lovable acts of parliament made by his highness and his late mother of good memory since the reformation of the religion, it is statute and ordained that all his highness's subjects should embrace the religion presently professed, as well as by hearing of the word as participation of the sacraments. Notwithstanding whereof, sundry persons within this realm absent themselves from the receiving of the communion and Lord's supper, pretending an excuse of the rancour and malice they have in their minds against some of their neighbours, bearing them at deadly feud, alleging so long as the same rancour continues with them and they in no way conciliated with their said neighbours, they cannot worthily receive the said sacrament nor cannot justly be burdened with the ministry to do the same; which pretended excuse is nothing but a colour and cloak to cover their papistry, which is the only cause of their abstaining to communicate. And in so far as by acts of general assembly it is found that deadly feud can be no lawful cause why any person should debar himself from the blessing and sacraments of his communion with Christ, therefore his highness, with advice of his estates presently convened, has statute and ordained that all his highness's subjects shall communicate once every year and shall in no way pretend any excuse of deadly feud, rancour or malice to appear towards their neighbours; and whosoever shall happen to abstain or to debar himself from participation of the said sacrament upon the pretence of the said excuse or for any other cause whatsoever, they being first lawfully required by their pastors or presbyteries to do the same, that then they shall be astricted and obliged to pay the particular penalties underwritten enjoined to them and that to his highness's treasurer, that is to say every earl so often as he shall contravene the premises £1,000, every lord 1,000 merks, every baron £500, every freeholder 300 merks, every yeoman £40 and every burgess according to the modification of the king's majesty and lords of secret council; which pains the said estates have ordained our sovereign lord's treasurer to exact with all extremity against the contraveners hereof, and to uplift and intromit therewith to his highness's use. And also his majesty and estates have promised to cause ratify this act in the next parliament to pass in a public law in all time hereafter.
[1598/10/3]*[print] [email] [cite] [preceding] [following]
Forasmuch as in the parliament held at Edinburgh, 21 July the year of God 1593, it is specially statute and ordained that all harbourers and entertainers by the space of three nights together, or three nights at several times, of excommunicated Jesuits or trafficking papists against the king's majesty and religion presently professed and established within this realm, the same being duly and lawfully tried, shall infer the deed to have been of the knowledge and goodwill of the person or persons accused thereof, who being convicted of the premises or any of them, their escheat for the first fault shall fall and become in his majesty's hands and shall be intromitted with to his highness's proper use; and being convicted thereof the second time, shall forfeit and lose their liferent, whatsoever their lands, possessions, other goods and gear; and being accused and convicted thereof the third time, shall incur the pain of treason, and the process and doom of forfeiture shall be orderly led, pronounced and executed against them with all rigour. Which act has been little or nothing feared by any of the lieges but some disregarding his highness's authority and taking no account of any danger or inconvenience that might incur to them by their receipt of the said Jesuits and others above-written, but, by the contrary, seeing the same act heretofore has taken no execution, has assured themselves of impunity however they break and transgress the same; and because there are sundry of the said Jesuits and trafficking papists that are already within this country or are shortly to repair within the same, therefore it is concluded by his majesty and estates of this present convention that publication be made at the head burghs of every shire within this realm inhibiting and discharging all and sundry our sovereign lord's lieges to receive or entertain any of the said Jesuits or excommunicated trafficking papists, and in special Master Gilbert Brown, abbot of New Abbey, Master Robert Abercrombie, Master Alexander MacQuhirrie, alias Gibson, Master [...] Murdo, Master George Kerr and Thomas Tyre, assuring that those that shall be found entertainers and harbourers of them and contraveners of the premises shall be criminally pursued thereof and the pains contained in the said act of parliament shall be exacted against them and the same acts shall be put into execution with all extremity.
[1598/10/4]*[print] [email] [cite] [preceding] [following]
Forasmuch as in the late convention held at Holyroodhouse, 29 June last, Walter [Stewart], prior of Blantyre, treasurer to our sovereign lord, was appointed to take care and diligence in repressing of the great number of rebels within this realm, and that by using of such charges either against the rebels themselves or against the sheriffs in the due execution of their offices as are prescribed and whereof he has warrant by diverse and sundry acts of parliament made by his highness and his predecessors of before. And now the said Walter, in presence of his majesty and estates, being inquired what order he had taken regarding the direction given to him as said is, he, for signification of the care and diligence taken by him in his office, proposed the means and overture underwritten to be seen and considered by his majesty and estates; and if the same were allowed, he then promised to prosecute the same with all expedition, of the which overture the tenor follows: Letters to be formed charging the whole sheriffs, stewarts and bailies of regalities, their deputes and clerks to present the authentic copy of their sheriff books containing both their hornings and relaxations registered within the same since 1 August 1590 to 1 August instant, to the treasurer and his deputes between now and 1 January next to come, to the effect the whole horners registered therein and remaining unrelaxed may be extracted and charged according to the order following. Next, to form a proclamation to be published in every shire containing the whole names of the rebels within the same, to be inserted by the said treasurer and his deputes discharging their shelter, supply and intercommuning etc. under the pains contained in the acts of parliament, certifying the said contraveners the said pains shall be exacted of them with all rigour. A charge likewise to the provost and bailies of the head burgh within every shire to receive the rebels' names within that sheriffdom from the officer, executor of the letters, cause them be copied and affixed upon a board and the same board hung up daily from the sun rising to the down-setting at their market cross, and at the setting of the sun taken down by them and hung up the next morning again, and so continuing so long as there remains one rebel unrelaxed within that sheriffdom within 24 hours next after the charge, under the pain of rebellion; and failing, to denounce etc. A charge to the rebels within every sheriffdom to render their houses within 48 hours, and to enter their persons in ward within three days next after the charge, under the pain of treason. In case they disobey, a charge to the sheriff in every shire to seize upon their persons and upon their houses within three days, under the pain of rebellion; or, being fugitive, to take their houses, at the least inventory their goods and gear, send the said inventory to the treasurer and keep them in the meantime from haunting kirk or market or any public place or company within their sheriffdom under the same pain; and failing, to denounce etc. A charge to the sheriffs in case they be denounced for disobedience to render their own houses and enter their persons in ward within the foresaid space, under the pain of treason. Letters to arrest the ferms, teinds and other goods and gear pertaining to the rebels and to make inventory thereof and to report the same to the treasurer. A charge to the provost and bailies of the whole great burghs within this realm to take and apprehend the whole registered rebels within their burgh whose names shall be presented to them by the officer, seize upon their houses, inventory their goods, arrest the same and see them made forthcoming to the treasurer and their persons put and detained in sure ward until they obtain themselves orderly relaxed within 48 hours next after the charge, under the pain of horning; and failing, to denounce. To form a summons, to hear and see a declarator pass upon the escheats and liferents of the whole registered horners within this realm to be executed in every quarter thereof with all diligence possible. To form another summons charging the sheriffs to compear and see them ordered to pay the said goods pertaining to the rebels within their sheriffdom to his majesty and his treasurer for their neglect of execution of the acts of parliament made relating thereto. To make a table of the whole horners within the realm and affix them in the tolbooth that they may be repelled from urging and carrying. Which particular articles above-written the king's majesty, with the estates presently convened, ratify, approve and confirm as agreeable and according to his highness's laws and acts of parliament, and ordain the treasurer to put the same to due execution in all points.
[1598/10/5]*[print] [email] [cite] [preceding] [following]
The king's majesty, his nobility, council and estates presently convened, considering the great confusion and inconvenience presently within this realm through the multitude of diverse sorts of foreign gold and silver of variant weight, prints and prices current without any certain stand but at the appetite of the giver out and receiver, to the great trouble, inconvenience and hindrance of his highness's subjects of all estates and degrees; for remedy whereof, albeit there have been diverse acts made by his majesty, his nobility, council and estates heretofore discharging the course of all foreign gold and silver within his realm and upon what prices the same should be imported to serve as bullion to his majesty's mint-house, yet the same acts have taken no effect nor execution but are and have been plainly violated and contravened by great numbers of his highness's lieges, and the rising and maintenance of the dearth of foreign coin so fostered and avowed that the same is far above the prices of his majesty's proper money, albeit in all other well governed commonwealths and republics all foreign coin licenced to have course is ever upon inferior prices to their own proper coin. And now his majesty, his nobility, council and estates presently convened, considering the present estate and condition of his highness's subjects who are not able to underlie the extremity of the said acts, and his majesty, being always careful to moderate the same for their ease and relief and for the common welfare and benefit of the whole realm, his majesty therefore, with advice foresaid, has concluded, statute and ordained that the ounce of foreign silver of the fines of 11 denier shall have course hereafter within this realm for 48s only, and the ounce of foreign gold of 22 carat fine for £28 16s, and that the particular species and pieces of foreign gold and silver shall have course and pass upon the prices following agreeable always to the particular prices of the ounce: that is to say the English testoon, weighing 4 deniers and 18 grains, at 9s 6d, the 15 sou piece, weighing 7 deniers and 12 grains, at 15s, the Spanish rial, weighing 21 deniers and 6 grains, at 43s 4d, the cross dollar, weighing 22 deniers and 10 grains, at 42s,† and all his highness's own money to have course according to the former proclamation; the Spanish pistolet, weighing 2 deniers and 14 grains, at £3 2s, the crown of the sun, weighing 2 deniers and 14 grains, at £3 3s 4d, the Henry ducat of France, weighing 5 deniers, 12 grains, at £6 18s, the gunhole angel, weighing 4 deniers, at £5, the double ducat, weighing 5 deniers, 10 grains, at £7, the Ghent noble, weighing 6 deniers, £7 13s 4d, the Portugal ducat, weighing 1 ounce and 4 deniers, at £35, the angel noble, weighing 4 deniers, at £5 3s 4d, the Henry noble, weighing 5 deniers, 10 grains, at £7, and the old rose noble, weighing 6 deniers, at £7 15s. And with this his majesty's thistle noble to give hereafter £7 16s, the hat piece £4 9s, the lion piece £5, and the remainder of his majesty's gold coin in no way to be broken down but to have course and price according to the rate of the ounce of 22 carat fine at £30, as the act of parliament appoints. And ordains letters to be directed to make publication hereof by open proclamation at the market crosses of the head burghs of this realm, through which none pretend ignorance of the same; and to command and charge all his highness's subjects to conform themselves to the premises and in no way take upon hand to receive or give out in exchange any of the particular species above-written of gold and silver upon higher prices than is particularly above-expressed under the pain of escheating their whole moveable goods and gear to be collected and uplifted to [his]† majesty's use, and ordains letters of publication to be directed hereupon.
[1598/10/6]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates presently convened, considering that the barons and gentlemen venturers, contractors with his majesty for conquering of the Lewis, are now ready to depart to prosecute and follow forth their enterprise, importing not only a singular benefit to his majesty in augmenting of the rent of his highness's patrimony and crown, but also is likely to be a good means and instrument of establishing of peace, quietness and obedience in those parts and other bounds next adjacent to the same by rooting out of the barbarous inhabitants, occupiers of the same of before, void of all religion and humanity; and seeing the said enterprise cannot be sufficiently accomplished unless the said barons and gentlemen venturers pass there in proper person with sufficient number of other gentlemen and followers who may be a power after the conquest of the same to retain and hold the possession thereof, at the least their presence after their arrival will be very necessary for a certain space thereafter; and where in the council held 7 July last there was granted to the said gentlemen venturers an exemption and dispensation in their own persons from all and whatsoever actions and causes to be intended and pursued against them for the space of one year after their arrival; and now in this present convention the said gentlemen venturers, craving of his majesty and estates presently convened their said exemption and supersedere to be amplified and to be granted, as well as to themselves as to their followers, and as well as for causes to be intended as already intended, our sovereign lord and estates, fearing that under the pretext of the said supersedere if the same was granted, as is presently craved, there might be inferred a great prejudice to sundry of his highness's lieges in so far as the said gentlemen adventurers and their followers, suffering their names to be used in actions and causes wherein they have no interest themselves, by that fraud and subterfuge process, may be delayed and parties frustrated of justice, the said estates have requested his highness most humbly to deal with the senators of the college of justice immediately after the down-sitting of the session and by their special advice and council to conclude how far the said supersedere and exemption granted to them of before may be amplified and enlarged without the defraud of his highness's subjects and of their just and lawful pursuits. And whatever be concluded by his highness, with advice foresaid, the said estates declare that the same shall be held firm and stable and have the same strength, force and affect of an act of this present convention.
[1598/10/7]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates presently convened, understanding that Gavin Smith, Englishman, and James Acheson, his highness's goldsmith, have bestowed their whole age bygone in the study of good and profitable sciences, and that thereby have attained to the knowledge of an artificial engine in making of pumps for raising and forcing of water in great abundance out of mines, coal-works, quarries, drowned ground and others after diverse manners as rake pumps similar to the cran of a crossbow, grave pumps with valves and hinges or hoops made of cords, wood, horn or metal, also counterpoises or sweipis† for lifting of waters by the force and labour of men's hands at times necessary and convenient, which engines shall either operate with wind, water, horse or men for the drawing up of the water in great quantity out of mines, coal-works, quarries and other deep ground, whereby not only the water of working coal-works, mines or quarries may be emptied and made dry, but also a great part of the drowned and perished mines, coal-works and quarries within this realm may be recovered and put to use again, to the great commodity as well as of the owners as of the commonwealth of this realm in all time coming; which engine heretofore has never been used within this realm. And because his majesty and estates foresaid acknowledges the publishers of such artifices as tend both for the public and private wealth of the country, therefore, and to give occasion to others to employ their studies and travails in the like and profitable sciences for the furtherance of the commonwealth hereafter, his majesty and estates foresaid give, grant and commit to the said Gavin Smith and James Acheson and their deputes the gift, use and only privilege to make, use, erect and exercise the forenamed instruments and devices during the space of 21 years next after the day and date hereof, with power to them and their deputes to do the same as occasion is offered in whatsoever part or place within this realm, and to uptake and receive such profits and commodities as they may have thereof to their own benefit and utility. Inhibiting and discharging by this act all and whatsoever persons to make, erect, use or exercise any of the forenamed instruments or devices to the effect above-written during the space foresaid, except only the said Gavin and James and their deputes having special licence granted to them thereto in writing. And in case any other person contrary to the tenor hereof shall pretend hereafter to make, erect or use any of the said instruments or devices, in that case his majesty, with advice foresaid of his said estates presently convened, wills and grants and for his highness and his successors decrees and ordains that whatsoever such person, owner of the ground, shall content and pay the sum of £2,000 money of this realm yearly so long as any metals, coals or stones shall be extracted in their mines, coal-works or quarries where the said instruments shall be erected contrary to the tenor of this act, the one half thereof to be paid to his majesty and the other half to the said Gavin and James equally between them as a sum presently liquidated and determined by his majesty and estates foresaid for the damage, harm and injury that shall be done to the said Gavin and James through this contravention. And likewise commanding and charging all and sundry his highness's lieges that none of them make any molestation or trouble to the said Gavin and James or their foresaids making, using or exercising any of the forenamed instruments during the space foresaid under all highest pain and charge that thereafter may follow, requiring also the lords of exchequer and session to grant letters for publication of the premises and inhibiting of all manner of persons as is before-specified. And his majesty faithfully promised in the inviolable word of a prince that this act shall be duly ratified in the next parliament with all solemnities requisite.†