[1599/7/1]*[print] [email] [cite] [preceding] [following]
Forasmuch as his majesty's most necessary and urgent affairs which presently occurs requires some present supply to be made to his highness, and seeing the coin is one of the special points belonging to the crown and the profit that may be had by the same is appropriated by all princes within their realms and dominions to their own particular uses; and it has been seen by experience that princes, upon necessity of wars and other weighty affairs, have at all times raised and heightened the prices of the coin, and as the occasion of the same was taken away, they reduced the value and rebated the same to the first moderate prices, suffering none of their subjects to have any great loss thereby; and his highness ever above all things preferring the welfare of his good and loving subjects, and in no way being of that mind or intention that with purchasing a small gain to himself they should be in any manner greatly damnified but that the means might be found as well as to supply the present necessity as that the same might be with the least hurt possible to the lieges; and our sovereign lord, being most willing that these matters should in no way be precipitated or hastily and tumultuously handled but rather with good advice and mature deliberation concluded, has therefore, with advice of the estates, given and granted full power and commission to the ordinary lords of his highness's privy council, or so many of them as may be most conveniently assembled at the day appointed, adjoining to them James [Drummond], commendator of Inchaffray, Patrick [Leslie], commendator of Lindores, William [Melville], commendator of Tongland, Sir James Scrimgeour of Dudhope, knight, Duncan Campbell of Glenorchy, Patrick Hepburn of Luffness, knights, John Touris of Inverleith, Master George Lauder of the Bass, Henry Nisbet, Ninian MacMorran and George Heriot, burgesses of Edinburgh, John Traill, burgess of Dundee, Oliver Young, burgess of Perth, and Duncan Balfour, citizen in St Andrews, to meet within the burgh of Edinburgh on 4 September next to come, and there advise, conclude and determine how the heightening of the said coin to £3 the ounce of silver of 11 denier fine and gold so proportionally may be with some profit to his highness and with small hurt and loss to the lieges; and if they find the same may be done in any measure to effectuate both the one and the other, with full power to them to conclude relating thereto in what form and print the new coin shall be struck and all other things that shall be requisite for that purpose, only retaining the fines of the gold and silver that the same was of before; which conclusion shall be of as great strength, force and effect as if the same was concluded in this present convention; and if the same be found in no way to rebound to his majesty's profit and yet shall be a great hurt to the lieges, with power to the said commissioners to refuse all overtures to be presented to them relating thereto and to reason, advise and find out some other best means how his highness's affairs may be supplied with the least hurt, grief and detriment to the lieges, and to conclude relating thereto, which shall be of as great strength and effect as if it was concluded in this present convention; and likewise that they receive whatever overture shall be presented by his majesty's treasurer, comptroller or collector for furthering and advancing of his highness's profit, and to conclude thereupon as the same shall be found reasonable.
[1599/7/2]*[print] [email] [cite] [preceding] [following]
Forasmuch as one of the greatest causes that has moved theft and reset of theft to increase within this realm, and specially within the borders and marches of the same, has been the impunity of the committers thereof by reason it has been received in custom this long time bygone that the making of the redress of the goods and gear taken to the party grieved by the committers of the theft and harbourers of the same has been a sufficient exoneration to them from any punishment which justly they deserved in their persons for being guilty and culpable of the said crimes, albeit if such offence had been punished with severity in the persons committers of the same, they by their example would have moved and terrified others by their misbehaviour to incur the same danger. And whereas by the ancient laws of the border there used to be no redress at all to be made except by the opposite wardens of this realm and England of goods taken by the subjects of one nation from the other, and in no way within this realm by a subject to another, but the committers of such crimes were punished to the death; and our sovereign lord, finding that the desuetude of that lovable law and custom in the rigorous execution of the persons of the said thieves has caused the greater disregard and contempt of his highness's authority and the less account by them to offend, has therefore statute and ordained that in all time hereafter within the bounds of the said marches, or any of them, according to the first laws and custom of the said borders, none of the wardens of the same nor no other officers shall in no way take the redress of the goods and gear to be plundered and stolen from the doers and committers of the same for the satisfaction of the party plundered and robbed, but shall cause execute with all rigour the laws and acts of parliament made against thieves and their harbourers and cause them be punished to the death according to their deserving as they will answer to his majesty upon the discharge of their offices. And likewise it is statute and ordained that if any person whatsoever guilty or culpable of theft or reset of the same shall happen to be fugitive for the said crime and will in any way enter to the lieutenant, warden or other officer to be appointed in the said border for pacifying of the same and administration of justice therein, the said lieutenant, warden or other officer shall cause burn his house, put his wife and bairns out of the same and make intimation of their disobedience at the market cross of the shire, to the effect that the knowledge of the same may come to the whole inhabitants within the said sheriffdom. And our sovereign lord and estates declare that whatsoever person shall shelter, supply or entertain the said fugitive persons, their wives, bairns or gear after the said intimation shall be culpable and guilty of his previous offences and shall remain answerable to his highness and his officer for any offence to be committed by the said person fugitive thereafter. And this act to be extended as well as to highland as border.
[1599/7/3]*[print] [email] [cite] [preceding] [following]
Forasmuch as William, lord Herries, Sir James Douglas of Drumlanrig, knight, and Sir James Johnstone of Dunskellie, knight, are commanded in ward for keeping of good peace, rest and quietness in the west border and to stay the bygone violent robbery and oppression used by such as dwells under them, therefore our sovereign lord and estates declare that during the time of their said warding they shall remain accountable to his highness and to the subjects that shall happen to be plundered, robbed or in any way injured for any crime or offence to be committed by any for whom they are in any way answerable by the general bond, laws and acts of parliament of this realm, and that they shall in no way be excusable of any wrong to be committed by them by reason of their imprisonment but shall stand in like manner bound as if they were at liberty and freedom. And in case complaint be made to his majesty of any wrong or injury committed by any for whom any of the said persons warded as said is are answerable for, they shall be bound to make redress to the party grieved of the goods plundered and robbed within the space of one month after the making of the complaint to his highness and intimation thereof to them. And in case the same be not done and the party be not satisfied within the said space, our sovereign lord and estates declare that it shall be lawful to the lieutenant or warden to take intromission with his whole livings and houses of any of the said persons warded whose man or tenants have committed the offence or injury, as well as for reparation and satisfaction of the party grieved as for the punishment of their disobedience in not causing the same be paid within the time prefixed. And further, our said sovereign lord and estates have declared that the said three persons warded as said is, nor none of them, shall in any way be freed, released or put to liberty out of their warding wherein they are presently imprisoned without the advice of the lieutenant or warden of the west march and barons dwelling within the same to be given to his majesty and council regarding their freedom and liberty.
[1599/7/4]*[print] [email] [cite] [preceding] [following]
The which day the barons of the West March, having petitioned that William, earl of Angus, lord Douglas and Abernethy should continue in his charge of lieutenancy of the west march which he has discharged this long time bygone, and they promising faithfully to concur and assist with him in all things for pacifying of the said west march and for furthering and advancing of him in the said office of lieutenancy, the said Earl of Angus then instantly in presence of our sovereign lord and estates accepted the said office and charge in and upon him and promised to continue therein and to discharge the same faithfully for his majesty's service and quieting of the country until he acquaints his highness and his council that he would use the same no longer and that some other officer be appointed for discharge thereof.
[1599/7/5]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates presently convened ratify, approve and confirm the act of council made and granted in favour of Eustatius Rough, Fleming, for making of great salt within this realm, with the gift of the comptrollery of the same granted by his highness's gift under the privy seal to William [Stewart], commendator of Pittenweem, in the whole heads, points and articles of the same; and ordain the said act to have the strength and effect of a sufficient security to them until the next parliament, at which time our sovereign lord and estates have promised to cause the same be ratified in parliament, of the which the tenor follows: At Edinburgh, 19 June 1599. Forasmuch as the invention of making of great salt within this realm, found out by Eustatius Rough, Fleming, is not only a singular benefit to the commonwealth and whole lieges thereof, but by all appearance shall augment and increase his highness's rent and revenues in a great quantity; and the said Eustatius, already having given upon his own charges a perfect assay of the same, and that now the work itself can be in no measure brought to any perfection without great charges and expenses, which his majesty, being in no way of mind presently to advance, therefore the said Eustatius, for signifying of his readiness to his majesty's service and advancement of his highness's profit, has intended for beginning of the said work to take upon profit the sum of £20,000, and that for completing and furnishing of two salt-pans for making of the said great salt. And because the persons, as well as Scotsmen as strangers, who will in any way advance the said money for profit will in no way be content of 10 of the 100 for the yearly profit of the same, and that if any further be given for the said money, the same must be rebated and deducted off the readiest profit of the said pans, therefore the lords of his highness's secret council have declared and ordained that off the first and readiest of the profit of the said pans to be built as said is, not only shall the annualrent of the said sum be paid accordingly as it comes to 10 for each 100, but also they have given and granted to the said Eustatius the sum of 10s of each boll of salt that shall happen to be made, and that for satisfying of his creditors and such as he shall take money off in the surplus of the profit of their money to be craved by them; and that until either the said sums that shall be first taken on be released by the free profit to be received by his majesty of the said pans or then the same sum paid by his majesty's self. Likewise the lords of his highness's council by this act declares that such as will advance money to this present act, notwithstanding of the act of parliament, shall in no way incur any danger or inconvenience albeit they take greater profit thereof than is prescribed by the said act. And because his majesty's profit will be augmented accordingly as the number of the pans shall increase, and the bestowing of the free profit to be had of the said two pans being only employed to the furthering of another two pans will double the rent his majesty shall acquire by the said two pans, therefore it is concluded by the said lords of council that the free profit that shall be had thereof the said two first pans shall be disbursed and bestowed wholly to the building and accomplishing of another two pans, and no part of the same shall be in any manner of way assigned, conveyed or given away to any person whatsoever or to any other use. And likewise there is special allowance granted to the said Eustatius for his service and attendance in setting forward the said work from the time that he shall enter to the building of the pans to the four complete pans be furnished, daily and each day for the sustentation of him, his horse and servants the sum of 30s to be paid of the readiest of the profit of the said pans, which the said lords have appointed to be allowed in the accounts of the said salt-pans whensoever the same shall happen to be heard; and whensoever the said four salt-pans shall be accomplished, then and in that case the said daily allowance given to the said Eustatius shall be thereafter discharged and he shall have recourse to the tenth part of the just profit agreed by contract between his majesty and the said Eustatius, as the said contract of the date the [...] day of August 1588 bears; and likewise after the finishing of the said four pans, the profit of the same partly shall be employed to the building of more pans for augmenting of his highness's rent by their means and partly for defraying of his highness's other honourable charges and expenses, always of the first and readiest of the profit thereof the annualrent of the first money advanced shall be yearly paid until his majesty redeems the same by payment of the principal sum. And further it is ordained that yearly in the month of July there be an account given to the lords auditors of the exchequer of the whole receipt and disbursements in the said matter, and the said Eustatius's account and the other, which is to be kept by a special man to be appointed by his majesty to that effect, shall be checked by the account of their intromission to be given in by William, commendator of Pittenweem, comptroller of the said salt-pans, to whom there shall be allowed for his service in the said office of comptrollery the sum of 40s for each chalder of salt that shall happen to be made during all the years contained in his gift made to him of the said office of comptrollery; the which gift of comptrollery of the said salt-pans granted to him by his majesty the said lords ratifies, approves and confirms the same in all points, and have appointed the said William, commendator of Pittenweem to be present by himself or his deputes yearly in the month of July when as the accounts of the said salt-pans shall be received and heard, and there to produce a sufficient account to comptrol the charge and discharge to be produced for the part of the said Eustatius. And lastly it is appointed that no part of the profit of the said salt-pans shall in any way be bestowed (excepting the ordinary fees and allowances) but to the building and perfecting of other pans until they extend to the number of four pans; and after the four pans be finished, the rent of the same to be well managed in making of more for his majesty's greater profit, and the rest as it may be spared from that use to the defraying of his highness's necessary expenses. It being always remembered, likewise the lords of council presently declares that after the perfecting of four of the said pans, the third of the whole free profit of the same shall appertain and shall be assigned to the said William, commendator of Pittenweem for payment of his overspend resting to him by his majesty, according to his footed account extending to the sum of £25,000; which sum being satisfied by the said third, the said commendator shall have no further intromission except so much as is allowed to him for discharging of his office.
[1599/7/6]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his estates presently convened, considering the great hurt his majesty's subjects sustains and the innumerable falsities daily invented by forging of diverse private writs, the same being kept obscure until the means of the trial of the falsity of them be taken away, especially instruments of sasines, reversions, bonds for giving of reversions, assignations to reversions, intimations of the same and discharges of reversions, which writs being secretly kept up, if they be true, to the prejudice of parties, or maliciously obscured if they be false, until process of time, death of parties, witnesses and writers takes away all adminicles of improbation, no public records being established wherein all parties may find resolution of the estate of any lands with which they mean to contract. For remedy whereof, it is statute and ordained that in all time coming all instruments of sasines, reversions, bonds for giving of reversions, discharges of reversions, assignations to reversions and intimations of the same which shall not be registered within the books of council and session within the space underwritten (and likewise excepting sasines of burgh lands held in free burgage given upon resignation made in the bailies' hands, according to the act of parliament) be inserted and registered in the registers presently appointed to that effect within 40 days next after the making and perfecting of the same; otherwise to be null and to make no faith in judgement nor outwith, and the said nullity to be received by way of exception. And the said registers, for the greater ease of the lieges, to be established in the particular places following, that is to say: one in the town of Kirkwall in Orkney for the whole inhabitants and lands lying within the sheriffdom of Orkney and Shetland; one in the burgh of Inverness for the sheriffdoms of Inverness and Cromarty; one in the burgh of Elgin for the sheriffdoms of Elgin, Forres and Nairn; one in the burgh of Aberdeen for the sheriffdoms of Aberdeen, Banff and Kincardine; one in the burgh of Dundee for the sheriffdom of Forfar; one in the burgh of Perth for the sheriffdom of Perth and stewartry of Strathearn, excepting the stewartry of Menteith; one in the burgh of Stirling for the sheriffdoms of Stirling and Clackmannan and stewartry of Menteith; one in the burgh of Cupar in Fife for the sheriffdoms of Fife and Kinross-shire; one in the burgh of Edinburgh for the sheriffdom of Edinburgh principal and constabulary of Haddington; one in the burgh of Linlithgow for the sheriffdom of Linlithgow and Bathgate; one in the burgh of Lauder for the sheriffdoms of Berwick, Roxburgh, Selkirk and Peebles and bailiary of Lauderdale; one in the town of Hamilton for the sheriffdom of Lanark, excepting the burgh and barony of Glasgow; one in the city of Glasgow for the barony of Glasgow and sheriffdom of Renfrew; one in the burgh of Dumbarton for the sheriffdom of Dunbarton, Bute, Argyll, Arran and Tarbert; one in the burgh of Ayr for the sheriffdom of Ayr and bailiaries of Kyle, Carrick and Cunninghame; one in the burgh of Wigtown for the sheriffdom of Wigtown; one in the burgh of Dumfries for the sheriffdom of Dumfries and stewartries of Kirkcudbright and Annandale; or any other place or places more convenient as the keeper of the said registers shall think expedient, due intimation being made to the lieges of the same; and the said evidents to be registered in the particular books appointed for each sheriffdom as said is. And to the effect the said office may presently and in all time coming be the more faithfully administered, statutes and ordains the same to be annexed and incorporated with the office of secretary, and the foresaid registers to be called the registers of secretary in all time coming; and that the secretary, present and to come, have the said office as a proper part and pertinent of the said secretary, making and constituting particular deputes, one or more, in every one of the places foresaid of good fame, literature and qualification, for whom he shall be answerable; and who shall be resident within the said town and burgh, ready at all times to receive from the parties their evidents and to register the same within the space of 24 hours next after the receipt thereof, and deliver to the presenter of the same their evidents marked by him with the day, month and year of the registration and in what leaf of the book the same is registered; and shall take only for his pains the sum of 13s 4d as for the price of each leaf of his register written on both the sides, and according thereto shall take proportionally for registering of every one of the said evidents. Which depute to be appointed as said is for keeping of each register foresaid shall twice each year at the feast of Whitsunday [May/June] and Martinmas [11 November] make a roll of all evidents presented and marked by him the half year preceding, and shall affix the same on some public place of the town where he remains, that the same may come to all parties' knowledge. And the said registers to be filled by the said deputes, to be marked by the secretary (or his deputes to be appointed by him to that effect) with a note of the particular number of the leaves that the same shall contain; and the said registers, after the filling of the same, to be reported to the said secretary, to remain with him and be patent to all our sovereign lord's lieges that shall have business with the same. The extract of the which register shall have as great faith and strength as if the original were shown, except the parties having interest to oppose against the said writs offer to improve the same by way of action or exception; in the which case, the party, purchaser of the said evidents, and others having interest to defend the same, shall be held to produce the principals and originals notwithstanding they be registered as said is; and that none of the said evidents be of force, strength or effect to any intention but to be null and of no value unless the same be registered as said is. And his majesty and estates foresaid have ordained this act to be published between now and 20 September next to come at the market crosses of the head burghs of this realm and other places needful, and to have effect and begin on 11 November next to come in this instant year of God 1599. And that this act be ratified in the next parliament and authorised and allowed by the lords of council and session.
[1599/7/7]*[print] [email] [cite] [preceding] [following]
Forasmuch as it is understood to the king's majesty, his nobility, council and estates presently convened that by diverse acts of parliament, laws and constitutions heretofore observed, all manner of English goods brought within this realm are and have been ever subject and in use of payment to his highness of a certain custom and duty properly appertaining to his majesty as a part of the patrimony of his crown; likewise also all other sorts of cloth, silks stuffs and merchandise brought within this realm from foreign nations are by an act of his majesty, his nobility, council and estates of the date 13 May 1597 ratified and approved in the parliament held at Edinburgh in the month of December that same year, subject to the payment of a certain custom to his highness and the merchants, importers of the said goods, ought not to unload, unpack nor dispose thereupon until the same be first entered, seen, marked and duly subject to custom duty by the customs officers appointed thereto. Notwithstanding, the custom of the said goods are very far overseen, to the great hurt and discommodity of his majesty, in respect there is no seal appointed to be hung to the said goods according to the use and custom observed in other nations, whereby the goods subject to custom duty could in no way be known from the uncustomed goods, and so, by their confusion, the merchants, owners and importers of the said goods, immediately after the arriving and coming of the said goods within this realm, unload, unpack, sell and conceal the same and never offers nor presents no part thereof to be subject to custom duty according to the order, to the great prejudice of his highness. Which being now considered by his highness, his said nobility, council and estates, and they finding that by the want of the said seal his majesty is and has been greatly defrauded of his customs, ordain therefore the whole customs officers within this realm to cause make and print a seal and stamp of seal containing two halfs for every burgh and sea port within this realm where they are established customs officers, the one half thereof containing 'Jacobus Rex', with his highness's arms and crown, and the other half the name of the burgh where the same shall remain; which seal and stamp shall be applied to lead, being so struck and printed with the said stamp, shall be applied to every woven piece and quantity of cloth, silk and stuff of whatsoever nation that hereafter shall be brought within this realm by sea or land before the same be presented to open market, sold or in any way disposed upon; and the one half of the said seal to be kept by the customs officer, and the other half by the clerk of cocket, the owners of the said cloth, silks and stuffs paying the custom thereof. And to the effect the cloth, silks and stuffs presently being within this realm may be known and determined from that which hereafter shall be brought within the same, it is also determined and ordained that the customs officer of every burgh and sea port shall repair to the dwelling houses and booths within every one of the same burghs and ports where they are particularly appointed customs officers, and there receive the oaths of the owners of such pieces, quantities and woven articles of cloth, silks and stuffs as are therein, whether the same has paid the custom thereof or not; and such as have not paid custom, that the same be then instantly paid and the said seal in token thereof applied thereto, and to all the other pieces, quantities and woven articles which shall be apprehended within the said booths and houses whereof the custom has been paid of before, upon the expenses always of the said customs officer. And that the owners of the said cloth and stuffs require the customs officers within every burgh and port particularly to repair to their said booths and houses to this effect within 14 days after the publication hereof, and further to do and perform all other things which to every one of them is appointed to be done in manner foresaid, under the pain of confiscation of all the pieces, woven articles and quantities of cloth and stuff that shall be apprehended thereafter wanting the said seal. And that no manner of persons, importers of the said cloth, silk and stuff within this realm in time coming, presume nor take upon hand to sell nor dispose upon the same, nor no part thereof, to the time the same be presented to the customs officers within the custom house, the custom thereof paid and the said seal in token thereof applied to every particular piece of the same as said is under the pain of escheating of the same, certifying them if they fail, that all and whatsoever woven articles, quantities and pieces which shall be apprehended wanting the said seal shall be confiscated and intromitted with to his majesty's use as escheat with all rigour and extremity in example of others. And that letters of publication be directed hereupon, through which none pretend ignorance of the same.
[1599/7/8]*[print] [email] [cite] [preceding] [following]
†The king's majesty, having explained and declared to his nobility and estates how that the necessary charges of his honourable affairs and concerns daily increases, and that his majesty's rents and casualties are not able to entertain his present estate in that honour and royal port which his place and appearance does require; and how that over and above the entertainment of their majesties' houses and bairns, his highness's palaces and castles are altogether ruinous and at the point of decay, his ammunition and ordinance unmounted, without provision of powder and bullet, his majesty's moveables wasted, worn and consumed, besides diverse others of his majesty's extraordinary charges in his most weighty affairs at more length declared before the said estates, which the offices of treasury, comptrollery and collectory are not able to defray; and how that the default of means has been a great let and impediment to his majesty in the due prosecution and punishment of the avowed contemptuous rebellion and disobedience so public and complained upon in all the land. Considering likewise how grievous the burden of taxations has been to his majesty's subjects and how little profitable either to the supply of the foresaid defects or any other of his majesty's necessary services, whereupon his majesty is resolved in his time never to impose any taxation hereafter upon his people, but rather to expect at their hands some favourable relief of their benevolence without any grudge, the said estates, having heard and being surely informed of his majesty's gracious resolution foresaid, they have all agreed in one voice that his majesty's honourable necessities shall be supplied by each one of them at their utmost power; but, because of the shortness of the time and their lengthy tarrying, besides the few number of the estates presently convened, the supply of his majesty's necessity and most fitting means for prosecuting of the best remedy thereof, is by all their consents remitted to a more frequent convention to be appointed at his majesty's good pleasure so conveniently as it may be; at the which time the estates presently convened have faithfully promised to hold hand and concur to see the necessity of his majesty's affairs supplied by such means as may be best found out to his highness's greatest benefit and smallest grief to his subjects.
[1599/7/9]*[print] [email] [cite] [preceding] [following]
The king's majesty and estates presently convened statute and ordain that in all time coming the party informer of his majesty's treasurer and advocate and pursuer with them against the committers of any deforcements or breakers of any arrestments shall have for their part the equal half of the escheated goods of the persons that shall be found guilty by the said pursuits, to the effect they may be the more better encouraged to give their information and concurrence to the trial and punishment of the said offences.
[1599/7/10]*[print] [email] [cite] [preceding] [following]
Forasmuch as the king's majesty, remembering the worthy, honourable and memorable service done to his highness by his highness's late right trusty and well-beloved councillor John [Erskine], earl of Mar, his highness's regent, and by his right trusty cousin Dame Annabelle Murray, countess of Mar, his widow, in the careful and diligent attendance and virtuous education of his highness's royal person from his infancy to the acceptance of the government on his own person,† wherein they so worthily discharged themselves, notwithstanding the manifold troubles intervening in that time, as they have acquired and registered to their posterity a perpetual praise, honour and commendation worthy of due remembrance. The consideration whereof, besides innumerable other good offices done to his highness by his said cousins and by his highness's right trusty cousin and councillor John [Erskine], earl of Mar, her son, who honourably and dutifully assisted her after his said late father's death in that worthy service, has moved his majesty to make choice amongst all his nobility of his said cousin the earl of Mar and of his said mother to commit to them the custody and education of the prince, his dearest son, Henry, prince of Scotland, wherein they, and especially his highness's said cousins, without respect or regard to her age, health of her body or particular affairs, has so carefully with great pains and travails discharged herself by continual attendance upon the prince by the space now of five years bygone, that he is now become, praised be God, healthy and well disposed in his person and endowed with all other princely qualities appropriate to his age, to the great comfort of his majesty and of his whole realm. And now his majesty understanding that his highness's said cousin is become of great age, having her body wasted and extenuated by her former service, so that now the course of nature refuses her strength and ability of person any longer to endure her accustomed travails and pains, and his majesty being reluctant now in her great age to overburden her with her accustomed travails, but rather to present to her all good occasion which may procure her rest, ease and comfort, and with that to give her an approbation and allowance of her previous service to be honourable and thankfully rewarded and remembered as occasion shall be offered, therefore his majesty, with advice of the lords of his secret council and estates presently convened, finds, declares, affirms and testifies that his said cousin the Countess of Mar and her servants who assisted and accompanied her in all the proceedings of her previous service and performing of the charge of the upbringing and preservation of his highness's own person during his minority and of his dearest son the prince to this time, has done his majesty and the whole country true, thankful, worthy and good service without spot, negligence or reproach, and duly accomplished her charge since the acceptance thereof to the full liking, satisfaction and contentment of his majesty, his council and of all his good subjects; and therefore ratifies, allows and approves all her said proceedings in the charges above-written, and exonerates and relieves her of all further attendance upon that charge of the keeping of the prince in time coming; and promises in the word of a prince to cause this act be ratified and approved by his estates in his next parliament. And because the commodity has not been presented to his majesty to gratify and reward his said cousin as she has worthily merit and as his highness is most willing to see be done, and in case it shall happen (as God forbid) that she be prevented by death before some occasion of her reward be offered, his majesty, with advice of his said council and estates, faithfully promised in the word of a prince to give and convey to Marie Erskine, daughter lawful to the said cousin the earl of Mar, such honourable and worthy reward and remembrance as the previous worthy service of his said cousin has merited, to be as freely and liberally extended to the said Marie as if his said cousin was alive; and that out of the readiest of his majesty's casualties or otherwise as the occasion shall present, so that always the worthy actions of his highness's said cousin shall not be forgotten nor ungratefully and unthankfully remembered.
[1599/7/11]*[print] [email] [cite] [preceding] [following]
The king's majesty and his estates presently convened, considering that in all well governed commonwealths it is expressly prohibited that any subject take upon hand to write, print or publish any books in whatsoever discipline or science, but specially invectives or libellous defamatories, chronicles, histories or annals to the prejudice either of the present state, ignominy or disgrace of the ages past without his majesty's licence had and obtained thereto; and that the said books be first revised by such as his majesty appoints to that effect, and the allowance thereof testified by their attestation in the beginning of the book purporting his majesty's consent, the small regard whereof has bred no little prejudice to all degrees within this realm. For remedy whereof, it is statute and ordained that no person of whatsoever rank, degree or calling presume or take upon hand to write, publish, print or set out any manner of book, defamatory libel, invective, chronicle, annal or history without his majesty's licence had and obtained thereto; and that no sort of book be printed, published nor set out within this realm, nor no new book which may in any way concern the present estate, history or chronicle of times past or present age, being printed without the realm, be brought within the same or sold until they be first seen and revised by his majesty's secretary and his attestation promised thereto according to the lovable custom received in all other civil nations. Certifying those who do in the contrary, they shall be punished to the death, their whole goods confiscated to his majesty's benefit and, if their books contain any matter of treason, the crime thereof shall be with all rigour prosecuted against them.
[1599/7/12]*[print] [email] [cite] [preceding] [following]
The king's majesty, his nobility, council and estates presently convened, remembering how that there have been diverse acts of parliament and conventions made heretofore against the freedom and liberty which sundry avaricious and godless persons have taken to exact and lift such exorbitant and intolerable profit and usury for the lending of their money and is now commonly used within this country, to the offence and displeasure of God and to the wrack and undoing of so great numbers of his majesty's good subjects; the due execution of the which acts have been greatly hindered and frustrated by the crafty and subtle conditions of the said godless and avaricious persons who lend out their money upon bonds and obligations, and either retains the annualrent in their own hands, comprehend the same within the principal sum, obscuring and concealing the profit which they receive for the same, and takes their security by plain form of obligation for payment of the whole sum, both principal and annualrent, and borrowed money; and as if no such ocker and usury had been allowed or intended therein, through which the due form of trial of that pernicious and unlawful trade is hindered and prejudiced. For remedy whereof, and for the better trial of the said usury in time coming, it is statute and ordained that in the trial of usury the criminal pain shall be dispensed with and the pecuniary pain insisted upon, and that the trial shall be depositions of witnesses or oath of party at the option of his majesty's treasurer and advocate; and if the party refuses to give their oath, the said estates declare that the same shall be held as confessed.
[1599/7/13]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding that his majesty, upon diverse good considerations moving his highness, by sundry of his majesty's letters and licences, gave and granted licence, power and privilege to his highness's beloved Eustatius Rough to reform, build and renew all and sundry furnaces, as well as of salt-pans as of other vats and cauldrons occupied and used by brewers and dyers within this realm, and likewise licence and liberty for making of salt within this realm, and that in the same arts and vocation accordingly as the same has been devised and invented by the said Eustatius, he has uttered his knowledge and omitted no diligence in effectual performance thereof, to the evident commodity and common benefit of the country and whole subjects thereof, as well as in saving and restraining of the superfluous spending of coal, wood, peats, straw and other fuel, which is already brought to a great decay within the bounds of this realm by the excessive spending and consumption thereof for lack of the forms of kilns, stoves and furnaces after-mentioned; and likewise his majesty, having consideration of the goodwill and skilful disposition of the said Eustatius to devise some more inventions to the great profit and commodity of the whole subjects of this realm, specially by a new invention found out by him of a form of stove which he has taken upon him to make more profitable and commodious than ever heretofore has been devised and made; and likewise by his devising and travails has found out a singular remedy never used in Scotland before for evil venting of chimneys; as also a new form of kiln never used nor practised within this realm in no time bygone, whereby not only great quantity of fuel may be spared, but also that the malt shall retain no taste of the materials with which it shall happen to be dried, the particular overtures whereof the said Eustatius has given in and produced before his majesty and estates of this realm. And his highness, considering that for so great a commodity and benefit the said Eustatius cannot be better recompensed than by such as by his device and invention receives profit and utility, therefore his highness, with advice of the estates of this realm presently convened, ordains a letter to be made under the privy seal in due form ratifying and approving and for his majesty and his successors perpetually confirming the foresaid whole letters of gifts and licences granted by his majesty to the said Eustatius during the whole space and years therein contained, with all licences and privileges contained in the same, in all heads, points, articles, clauses and circumstances thereof after the forms and tenors of the same, ordaining this present ratification to be as valid, effectual and sufficient in all respects to the said Eustatius as if the said letters, gift and licences were at length and word by word inserted herein. And further his majesty, for the causes above-specified, and for diverse other good motives and considerations moving his highness, with advice of the said estates, has given, granted and committed and by the tenor hereof gives, grants and commits to the said Eustatius, his heirs, assignees, deputes and substitutes for whom he shall be held to answer for all the days and space of his lifetime his highness's licence, power and privilege to build, reform and renew all and whatsoever kilns and stoves and to amend and reform all evil venting chimneys, furnaces and vats in all parts within this realm, as well as in burgh as in landward, in regality as royalty, according to the said overtures and his invention and device foresaid or otherwise as he shall think most fit and expedient. For the which, the possessors of the said stoves, kilns, chimneys, furnaces, pans and vats shall be held to pay to the said Eustatius and his foresaids a certain sum of money as they can best and most reasonably agree and condescend upon as for the price of each one of the said kilns, stoves, chimneys and others foresaid, which, by his advice, counsel and knowledge, shall be built, reformed and renewed; and that the said letter be further extended with all clauses needful, with express command and charge in the same to all his majesty's lieges and all other persons whatsoever, that none of them take upon hand to make, follow or imitate the said Eustatius's invention of building, reforming and renewing of the said kilns, stoves, chimneys, vats, furnaces and others above-written, without his or his foresaids special advice, licence and tolerance first had and obtained thereto, under the pain of 500 merks, the one half to be applied to his majesty's use, and the other half to the utility of the said Eustatius and his foresaids. And likewise inhibiting and discharging all the present possessors of the said kilns, stoves, chimneys and others foresaid that none of them take upon hand to imitate the said Eustatius's invention foresaid or any part thereof without the special licence, tolerance and satisfaction of the said Eustatius and his above-written during the space and under the pain foresaid, to be paid in manner above-mentioned. And ordains letters of publication to be directed hereupon in the appropriate form.
[1599/7/14]*[print] [email] [cite] [preceding] [following]
The king's majesty, his nobility, council and estates presently convened, understanding perfectly that the great damage and overthrow which this realm has sustained in time bygone by the loss of so many battles has proceeded from the lack of discipline military and upon the trust of an unskilful and unarmed multitude, whose disorder and nakedness made them a prey to their enemies. And seeing the poverty of the crown and country is not able to sustain waged men under commandment, and that no enterprise nor worthy military action can be undertaken and be effectual by a confused and disordered multitude, and the said estates, finding it always most necessary and expedient for the honour of the country and surety of his majesty when he shall happen to have affairs in the challenge of his birthright, that his majesty shall be assured of some special number in order and under discipline and commandment who shall be ready to be employed in service as the occasion and necessity shall require, therefore the king's majesty and estates give power and commission to John [Erskine], earl of Mar, Robert [Seton], lord Seton, Sir John Carmichael of that Ilk, Sir William Stewart of Traquair, knight, [...] Learmonth of Balcolmie, Sir James Melville of Halhill, Captain Forrester, Captain William Murray and Colonel Bartholomew Balfour, or any six of them, to convene and meet at such times and places as they shall think expedient, and there to reason, confer and treat upon this matter and to propose and make overtures relating thereto; and that they have the same ready in writing to be given in to the next convention of the estates, to be received and allowed by them as appropriate.
[1599/7/15]*[print] [email] [cite] [preceding] [following]
Forasmuch as after the proposition made by the king's majesty to his nobility, council and estates presently convened, how that it is most necessary and expedient, for the honour and estimation of the country, surety of his majesty's estate and prosecuting of the challenge of his birthright when due occasion thereto be offered, that all his majesty's subjects of all degrees and ranks shall be well and sufficiently provided and furnished with harness and armour according to his highness's laws and proclamations made relating thereto, the commissioners of Edinburgh, Dundee and St Andrews, being personally present, promised and took upon them in presence of his highness and his estates that all and sundry burgesses, inhabitants within the said three burghs, shall be provided, furnished and armed well and sufficiently in all necessaries according to the tenor of the acts and proclamations made and published relating thereto of before, within the space of one year next after the date hereof.
[1599/7/16]*[print] [email] [cite] [preceding] [following]
The king's majesty, his nobility, council and estates presently convened ratify, approve and confirm the acts and ordinances under-specified established by his majesty, with advice of the whole visitors of the university of St Andrews, upon 17 July the year of God 1597 and 5 July the year of God 1599 respectively for the better recall and order to be observed in time coming within every college of the said university: In the first, that there shall be in time coming a council of that university chosen by his majesty to have the care and oversight of the affairs thereof, which shall have power to have the stewardship in every college, with the consent of the masters thereof, together with an advocate, an agent and a writer for the whole university, appoint them their fees, prescribe to the steward and other public officers their duties and take caution of them for their upright administration; that the most part of the council nominated shall subscribe whatsoever tacks or other dispositions of any rents pertaining to the colleges with the masters in token of their consent, otherwise to be null. The act of parliament to be observed precisely in time coming by the whole masters and other founded persons except in such particular points as his majesty, with the said council, shall dispense with, that no actions regarding the rents pertaining to colleges shall be pursued hereafter but in the stewards' names. The council, with the assistance of the ordinary electors, to choose a fourth master for the new college for completing of the course of theology, and a stipend to be provided to him of the college rents, without prejudice always of the fees of the present masters according to their present possession. That there shall be a dean of faculty of theology as well as as of philosophy, to be alterable from year to year and elected in all time coming upon 3 March yearly by the actual doctors professing theology within the university, ministers resident within the said city and the principal masters of the colleges thereof, and shall have the same privilege and jurisdiction upon the students and professors of theology as the said deans of philosophy have by the foundation upon the professors of philosophy. And that hereafter such as shall be graduated in the said faculty of theology shall have likewise vote in the said election of the dean of that profession, providing that none admitted to the office be reiterated dean of faculty except after the space of three years. For the better order to be observed in time coming in the whole colleges, that all doctors and regents not being pastors in the kirk professing either philosophy or theology and astricted in daily teaching and examination of the youth shall be in all time coming freed from all employment upon sessions, presbyteries general or synodal assemblies and from all teaching in kirks and congregations, except in exercises and censuring of doctrine in exercises only; discharging them and every one of them to accept any such commission upon them prejudicial to this present exemption under the pain of deprivation and further under the pain of rebellion at the conservator's instance, the one execution not to prejudice the other. That notwithstanding hereof, there shall be yearly three commissioners nominated by the actual teachers of the university, of the which three so nominated, the council foresaid shall elect one to be present at the general assembly for that year; and that the person chosen shall not be reiterated for the space of three years thereafter. That there be yearly examinations in the college of theology as is usual in other faculties, which shall begin yearly upon 15 December, keeping likewise solemnity as is observed in other professions by division of the students in classes and degrees and the three masters present completing the course of theology to them in four years, teaching every one of them in manner following, that is to say:†
The first year the entrants shall be taught by Master Patrick Melville the holy language with the practice thereof in some of the poetical books, and by Master John Johnston a fourth part of the New Testament, and by Master Andrew Melville a fourth part of the common places, namely: concerning God the creator. The second year they shall be taught by Master Andrew Melville another fourth part of the common places, namely: concerning God the redeemer, together with the third part of the history of the Old Testament, and by Master John Johnston another fourth part of the New Testament, and by Master Patrick Melville a third part of the Prophets, with the two books of Solomon. The third year of the course they shall be taught by Master Andrew Melville another fourth part of the common places, namely: concerning God the sanctifier, together with another third part of the history of the Bible, and by Master John Johnston another fourth part of the New Testament, and by Master Patrick Melville another third part of the prophets. The last year they shall be taught by Master Andrew Melville the last fourth part of the common places, the way of the church, together with the last third part of the history of the Old Testament, and by Master John Johnston the last fourth part of the New Testament, and by Master Patrick Melville the last third part of the Prophets, so that Master Andrew Melville shall have for his auditors of the common places yearly the whole scholars and for the auditors of the historical books the scholars that have part their first year. Master John Johnston shall have for his auditors of the New Testament yearly the whole scholars, and Master Patrick Melville for his auditors of the languages the entrants yearly and for his auditors of the prophetical books such as have part the first year. The rector, the vice chancellor, the dean of faculty of theology and the principal masters of the remaining two colleges shall be the ordinary examiners yearly of every class of theology. That no rector shall be reiterated in time coming but after the space of three years. That every suppost of the university being past, master may be made rector; so being, he will keep residence within the university during his office for the most part.
[1599/7/17]*[print] [email] [cite] [preceding] [following]
Forasmuch as the special lets and impediments hindering the due effect and execution of the acts and proclamations made heretofore regarding the armour in the person of noblemen, barons and others dwelling, as well as to burgh as to land, have proceeded from a sinister opinion and council apprehended by the merchants that the said armour, after the importation, would not be taken off their hands, so that very little or none has been brought home. Therefore compeared personally, in presence of his majesty, his nobility, council and estates, Sir Michael Balfour of Burleigh, knight, and promised, bound and obliged him that between now and 1 August next to come, he shall bring and cause be brought home within this realm so much armour of all sorts as will serve and be sufficient to arm 10,000 men on horse and foot, namely: for 2,000 horsemen and 8,000 footmen well and sufficiently according to the tenor of the said acts and proclamations; and for the further assurance of importation of the said armour, he likewise promised to cause [Alexander Lindsay], lord Spynie, [Patrick Leslie], abbot of Lindores, the lairds [James Learmonth of] Dairsie, Montquhanie, Kinfauns and Arnott act and obliged them with himself jointly and severally in the books of secret council, under the pain of 1,000 crowns, that the said armour shall be brought home between now and the day above-written; and this caution to be found within three or four days after the date hereof. Which armour being brought home, he shall keep the same unsold or undisposed in any part until a price shall be set down thereupon by five of his majesty's council and three burgesses to be nominated and appointed to that effect. In setting of the which price, they shall have a respect to the first buying which shall be verified by a lawful and reputable certificate from the magistrates of the burghs and parts where the said armour shall be bought and the said price being set down. They shall give him their attestation thereupon, to be shown and produced to his majesty's subjects, buyers of the said armour, for their better satisfaction regarding the price of the same, who shall be in no way subject nor astricted to buy the said armour until the said attestation be received and produced upon the price of the same. In respect of the which promise and bond made and given by the said Sir Michael, the king's majesty and his estates faithfully promise to hold hand to the said Sir Michael to see the said armour taken off his hand and to be bought by all his majesty's subjects, as well as to burgh as land, (the inhabitants of Edinburgh, Dundee and St Andrews only excepted) within three months after the importation thereof according to the tenor of the said acts; and for this effect shall see the said acts receive the due and full execution in all points and shall otherwise assist the said Sir Michael with letters of horning and all other execution needful and expedient against the contraveners of the said acts and refusers to buy the said armour. Likewise his majesty and estates give, grant and convey by the tenor of this present act to the said Sir Michael the one half of the escheated goods and gear, together with the one half of the penalty to be incurred by the persons, refusers to buy the said armour, and who shall be denounced to the horn for that cause; and the other half of the said escheats and penalties to be intromitted with by his highness's treasurer to his majesty's use. And to the effect the said Sir Michael may be the better assured to have the said armour taken off his hand and that no others to his prejudice shall be suffered to sell any armour, his majesty and estates give and grant to the said Sir Michael and his co-partners the only liberty and privilege of selling of armour within this realm during the space of three years next after the date hereof, and discharging all others of his majesty's lieges of selling of armour within any part of this realm during the time of his privilege under the pain of confiscation and escheating of the whole armour which they shall bring home to be sold; without prejudice always to any nobleman to provide armour for his own person only so the same be not bought from merchants within the realm. And if it shall happen the whole number of the armour foresaid to be brought home and sold before the expiring of the said space of three years, then and in that case this present privilege to expire and have no further effect thereafter. And if in the importation of the said armour or any part thereof it shall happen the said Sir Michael or his co-partners to be shipwrecked or robbed by thieves and pirates, in that case his majesty and estates declare that he shall be freed, exonerated and relieved of his bond and promise and caution to be found according thereto for so much of the said armour as shall be stolen or lost by sea.