[1598/12/1]*[print] [email] [cite] [preceding] [following]
[1598/12/2]*[print] [email] [cite] [preceding] [following]
Forasmuch as one of the greatest causes which has procured the great contempt and disobedience of a great number of our sovereign lord's lieges has been the default and lack of a sufficient number of the nobility, barons and other councillors, being well willed men and affectionate to his majesty's service and the good government of the commonwealth, to have assisted his majesty in giving to him their good advice and council for suppressing of enormities, through which his highness has been forced these years bygone in proper person to undertake great pains and travails in the settlement and dispatch of matters belonging to his highness's privy council, which, without the help and advice of others, being in no way possible for his majesty to discharge. And seeing that in time bygone by reason of the confused multitude of councillors all matters were neglected, which not only procured a general disregard of his authority, but matters being done amiss his majesty could not justly burden any of the said councillors therewith, the number being almost altogether indefinite and uncertain and every one purging himself of the evil progress of all proceedings therein. And because by experience it is found that a multitude is ever the occasion of a confusion and that matters to be entreated in council may not be treated and handled so privily and quietly as they ought and should be if the bygone disorder be not amended and the number of the said councillors made definite and choice be made of the best and worthiest to accept and discharge that burden, therefore his highness and estates presently convened have nominated the particular persons after-specified to be of his highness's privy and secret council, they are to say: [...],† extending in the whole to the number of 31 persons, whereof 16 shall be earls and lords, which shall be the definite number of the said privy council in all time hereafter, and no others shall be adjoined to them, but they to possess and enjoy the said office during all the days of their lifetimes. Of the which 31 persons above-specified there shall at the least 7 of them be convened before either matters of estate be treated and handled or any actions or complaints heard; neither shall they in any way proceed without the number of 7 councillors be present together. And in special the said estates have appointed the times of meeting to the said councillors for treating matters of estate and laying down of overtures for the good government of the commonwealth and for keeping of peace and obedience in the country to be weekly upon Tuesday in the afternoon, and for hearing of complaints and calling of actions competent to that judicatory weekly upon Thursday in the afternoon, and their convening ordinarily to be at his highness's palace of Holyroodhouse or any other place where his majesty shall think fittest during his non-residence there; and none to be present at their said convening with his majesty except the said 31 councillors or so many of them as shall happen to be present with the clerks of council only. In addition, our sovereign lord and estates, being of that mind that the said councillors elected and chosen to give his majesty good council and advice in the governing of the commonwealth should be especially regarded and should enjoy and possess some privileges by others who are in no way troubled with that burden, has therefore concluded and ordained that every one of the said councillors in any place of their abiding for the time shall have free power and commission as they shall think expedient upon the intervening of any trouble or riot to command and charge the doers thereof to enter in ward within such ward or castle and within such a short space as they shall think expedient, until order be taken by his majesty and the council therewith. And in case that occasion fall out between any parties in convocation of his highness's lieges in any numbers through which it be feared that some inconvenience shall ensue, any of the said councillors being nearest thereto may either in proper person or direct his officer and servant and discharge the said persons convened as said is. And if in any way the said councillor, his command and charge given to any person in the said matter, or in granting of assurances to others, or keeping of their houses and lodgings, be neglected after the report of the same made to his majesty and council, the estates find it fit and expedient that a pecuniary pain and fine be enjoined to the party, disobeyer of the command given by the said councillor; and if the offender be present, to be committed to ward until the same be satisfied to his highness's treasurer for his majesty's benefit; and in case of his absence, that letters of horning be directed for the same, and that the said pains and fines be modified by his majesty and his said council according to the quality of the persons and greatness of the offence. And our said sovereign lord and estates have promised to authorise every one of the said councillors and to assist them in their proceedings, that thereby it may be known that the same is granted to them as a special favour and privilege for their service, providing always that in all their proceedings they be accountable and answerable to his majesty and the rest of his highness's council that no just cause of complaint be heard against them. And because heretofore small regard has been had by councillors in their residence to await upon that service, almost never repairing but only upon the necessity of their own affairs or some of their friends' particulars, there being no penalty or danger enjoined to them for their absence, therefore, to the effect that the councillors above-specified may the better attend and await upon the said council, our sovereign lord and estates declare that whatever he be of the number above-specified that shall happen to be absent from the said council four ordinary days of sitting together, not having of before purchased licence of his majesty and council to be absent, that his said absence during the said space shall ipso facto infer deprivation from his place of the said council, and his majesty, immediately after the expiring of the said space, may present another in his place. And also in case any of the said councillors after licence had and obtained for their absence during a certain time remain after the issue thereof by the space of four several sitting days, that then in the same manner the said councillor's absence during that space shall infer deprivation of him from his office unless, before expiring of his licence, he purchase a new licence to be absent a longer space. And because heretofore there has been a great abuse in a great number of his majesty's council who have not been ashamed to sit in council, being his majesty's rebels and at the horn, where they should have by their good example of obedience moved others to follow the same, they have by the contrary by their disobedience procured a universal contempt of his highness's authority among the whole lieges; therefore it is declared that any of the said councillors that shall remain 40 days at the horn unrelaxed after their denunciation for any cause whatsoever, the said space being expired, shall thereupon lose their place in council in ipso facto and his majesty shall appoint some other in his vacant place who shall possess and enjoy the same during all the days of his lifetime. And the said estates have ordained the said councillors, after their convening, to set down such laws, statutes and ordinances as shall seem most fit and expedient for establishing of the said council and keeping of good order therein.
[1598/12/3]*[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 this 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 licensed 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 prices 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 4d, 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 all 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 to 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 hereupon directed.
[1598/12/4]*[print] [email] [cite] [preceding] [following]
Forasmuch as in time bygone the only means for quieting of the borders was the entry of pledges and the keeping of them in surety, that in case any enormity or wrong was committed by any of the gang or surname for the which they were entered pledges, then justice should be executed against the said pledges with all rigour; and because heretofore a great number of the nobility and barons being burdened for keeping in surety some of the said pledges have made their excuse of the danger and inconvenience that might occur to them in case of the escape of any of the said pledges delivered to them in keeping, which being easy to be prevented by the better imprisonment of them, our sovereign lord and estates presently convened finds that none of his nobility and barons being burdened to receive any of the said pledges shall refuse to accept them upon excuse of any inconvenience whatsoever that may ensue, but shall receive them and keep and detain them until the said pledges be ordained to be redelivered by them, and shall be answerable for them that they shall in no way escape, each pledge under the pain of £2,000.
[1598/12/5]*[print] [email] [cite] [preceding] [following]
Forasmuch as there is a great abuse used by meal-makers within the bounds of Lothian in causing grind the whole oats and husks and making more meal in a boll of great oats than one boll of meal, through which the whole subjects sustains great loss and damage in paying as dear for dust and seeds as if the same was good meal; for remedy whereof, the king's majesty and estates presently convened has given and granted full power and commission to Sir John Cockburn of Ormiston, knight, justice clerk, Sir Richard Cockburn of Clerkington, knight, lord privy seal, Master David MacGill of Cranstoun-Riddel, senators of the college of justice, Master William Hart of Livilands, justice, Master George Lauder of the Bass, Sir Patrick Hepburn of Luffness, knight, and John Touris of Inverleith, or any three of them, to convene and set down some solid order and form how that bygone fault committed by the meal-makers may be amended, and that the lieges be not longer abused by buying of such meal, the most part thereof being dust and seeds; and whatever they shall conclude, deliberate and determine relating thereto to have the same force, strength and effect as it were concluded in this present convention.