[1605/6/30]*[print] [email] [cite] [preceding] [following]
The whole acts following were read, voted and concluded by the estates in plain parliament.
†[Forasmuch] as the estates and whole body of this present parliament, considering [that with the law]ful descent in the person of our most gracious sovereign of the [righteous inheritance] of the famous and renowned kingdoms of England, France and Ireland, [which very] far surpasses the wealth, power and force of the dominions of any of his progenitors kings of Scotland, God has also joined a wonderful increase of care and burden for discharge, whereof he has endowed his majesty with so many extraordinary graces and most rare and excellent virtues as he is not only known by daily and manifest experiences in matters of greatest difficulty and consequence, to the unspeakable comfort of all his faithful subjects, to be capable of the happy government of his said kingdoms, but by his most singular judgement, foresight and princely wisdom worthy to possess and able to govern far greater dominions and numbers of people; and in respect thereof, the said estates of parliament, perceiving that by his majesty's exaltation not only in pre-eminence and power, but also in all royal qualities requisite for the happy discharge thereof, God has manifestly expressed his heavenly will to be that his majesty's imperial power, which God has so graciously enlarged, shall not by them in any sort be impaired, prejudiced or diminished, but rather reverenced and augmented as far as possible they can; therefore the said estates and whole body of this present parliament all in one voluntary, humble, faithful and united heart, mind and consent truly acknowledge his majesty's sovereign authority, princely power, royal prerogative and privilege of his crown over all estates, persons and causes whatsoever within his said kingdom, and his majesty, with express advice, consent and assent of the said whole estates, ratifies, approves and perpetually confirms the same, as absolutely, amply and freely in all respects and considerations as ever his majesty or any of his royal progenitors, kings of Scotland in any time bygone, possessed, used or exercised the same; and likewise, with consent foresaid, makes void, annuls, abrogates, retreats and rescinds all and whatsoever things attempted, enacted, done or hereafter to be done or intended to the violation, hurt, derogation, impairing or prejudice of his highness's sovereign authority, royal prerogative and privileges of his crown or any point or part thereof, in any time bygone or to come. And the said whole estates, for themselves and their successors, faithfully promise perpetually to acknowledge, obey, maintain, defend and advance the life, honour, safety, dignity, sovereign authority and prerogative royal of his sacred majesty, his heirs and successors and privilege of his highness's crown with their lives, lands and goods, to the utmost of their power, and constantly and faithfully to withstand all and whatsoever persons, powers or estates who shall presume, attempt or intend any way to impugn, prejudice, hurt or impair the same, and never to come in the contrary thereof, directly nor indirectly, in any time coming.
[1605/6/31]*[print] [email] [cite] [preceding] [following]
In the parliament held at Perth, 9 July 1606, by virtue of a special commission granted by our sovereign lord to that effect under the great seal, of the date at Hampton Court, 8 February 1604, our sovereign lord, now in his absence out of his kingdom of Scotland, earnestly desiring so to provide for the just and politic government of that estate, as his faithful subjects thereof may perfectly know that absence breeds not in his royal mind oblivion of their good, but that he is daily more and more careful of such things as may tend most to the honour, profit and perpetual stability and quietness of the said kingdom, wherein understanding religion and justice to be so necessary fundaments and pillars, as by them the authority of the princes and quietness of the people in all times past have chiefly been established and maintained, until of late in his majesty's young years and unsettled estate the ancient and fundamental policy consisting in the maintenance of the three estates of parliament has been greatly impaired and almost subverted, specially by the indirect abolishing of the estate of bishops by the act of annexation of the temporality of benefices to the crown made in his highness's parliament held at Edinburgh in the month of July 1587, whereby albeit it was neither meant by his majesty nor by his estates that the said estate of bishops, consisting of benefices of cure and being a necessary estate of the parliament, should in any way be suppressed; yet his majesty, by experience of the subsequent time, has clearly seen that the dismembering and abstracting from them of their livings has brought them in such contempt and poverty that they are not able to furnish necessaries to their private family, much less to bear the charges of their wonted rank in parliament and general councils and, after the example of their predecessors, to assist and supply their prince with their counsel and goods in time of peace and war, the remedy whereof properly belongs to his majesty, whom the whole estates of their bound duty, with most hearty and faithful affection, humbly and truly acknowledge to be sovereign monarch, absolute prince, judge and governor over all persons, estates and causes, both spiritual and temporal, within his said realm; therefore his majesty, with express advice and consent of the said whole estates of parliament, being careful to restore and reintegrate the said estate of bishops to their ancient and accustomed honour, dignities, prerogatives, privileges, livings, lands, teinds, rents, thirds and estate, as the same was in the reformed kirk, most ample and free at any time before the act of annexation foresaid, by the tenor hereof, retreats, rescinds, reduces, makes void, abrogates and annuls the foresaid act of annexation of the temporality of benefices to the crown made in the year of God 1587 as said is, in as far as the same may in any sort comprehend or be extended to the authority, dignity, prerogatives, privileges, towers, castles, fortalices, lands, kirks, teinds, thirds or rents of the said bishoprics or any part thereof, with all other acts of parliament made in prejudice of the said bishops in the premise, or any of them, with all that has followed or may follow thereupon, and all acts for dismembering of particular kirks or common kirks of the said bishoprics from the same, or for separation of the thirds of the said bishoprics from the body, title and two part of the same, to the effect the persons presently provided to the bishoprics of Scotland or any of them, or that shall hereafter be provided to the same, may freely, quietly and peaceably enjoy, hold and possess the honours, dignities, privileges and prerogatives competent to them or their estate since the reformation of that religion, and all towers, fortalices, lands, kirks, teinds, rents, two part thirds, patronages and rights whatsoever belonging to the said bishoprics, or any of them, and use and exert the same, and freely convey upon the whole two part and third temporality and spirituality of their said bishoprics and all the premises belonging to the said bishoprics, as the said acts of annexation and remaining acts made in any way to their prejudice in the premise, and every one of them and all that followed thereupon, had never been made nor done, they always maintaining the ministers serving at the cure of the kirks of their said bishoprics upon the readiest of their said thirds according to the ordinary assignations made or reasonably to be made relating thereto. Moreover, because his majesty's intention is only to restore the bishoprics which are benefices of cure, and in no way to alter anything done in other benefices which are not of cure, and for the better satisfaction of his majesty's subjects and faithful servants whom his majesty, in his princely liberality, for diverse good respects and causes moving him, has beneficed, rewarded and advanced with erections, feus, patronages, teinds and other infeftments, confirmations of lands, rents, teinds, patronages and other rights of abbacies, priories and other benefices, not being bishoprics, and to the effect they be not prejudiced nor put in mistrust by this act of their security in the premise, his highness, with advice of the whole estates of parliament, ratifies, approves and for him and his successors perpetually confirms the whole erections, infeftments, confirmations, patronages, tacks and other securities of lands, teinds, patronages, rights and rents whatsoever of the said whole benefices foresaid, or any part thereof (not being bishoprics), given, conveyed or confirmed by his majesty during the time of the said parliament held in the month of July 1587, of before or since made agreeable to the laws and acts of the said parliament [15]87 and other laws and acts made since, and faithfully promises in the first word never to quarrel nor impugn the same, directly nor indirectly, in any time coming. As also for the well and security of the tenants of the lands and teinds of the said bishoprics, who since the act of annexation have disbursed diverse sums of money to his highness's treasurer for making and confirming to them of their infeftments, tacks and securities of the said lands, teinds and rents of the said bishoprics possessed by them, and to the effect that the annulling of the said act of annexation bereft them not altogether of the said lands, teinds and rents of bishoprics acquired by them upon their large charges and expenses according to the law then standing, and that upon the other part the said bishoprics be not altogether made unprofitable by the unlawful dilapidation of the rents thereof and hurtful conversion of the victual, kanes, customs and other commodities of the same for unequal and unworthy prices, therefore his majesty, with advice of his estates foresaid, ordains the said possessors of the lands or teinds of bishoprics by virtue of infeftments, confirmations or tacks of the same granted or set since the said act of annexation and according to the same and laws of the realm at the time of the making thereof, shall have the securities, conformations, tacks and rights of the said lands and teinds of the bishoprics foresaid renewed and granted to them in sufficient, perfect and valid form by the bishops, possessors of the said benefices, the said feuars, tacksmen and tenants paying to the said bishops for grassum, interest and composition for renewing of their said feus of all lands and others belonging to the said bishoprics, and also for ratification of their said tacks of all teinds pertaining thereto, of the which at the day and date hereof there are 10 years' crops of the same to run, the double of the yearly silver duty contained in their said feus and tacks, and the single of the victual duty and of all other duties expressed therein, and that in addition to the yearly duty expressed in their said feus and tacks, the which duties for grassum, interest and composition, the whole estates of parliament declare shall be paid by the said feuars, tacksmen and tenants within a year and a day after they be lawfully cited to that effect, and for that same cause or after that intimation of the same be made to them by the bishops in their own courts; and in case of not thankful payment of the double of the said silver duty, and of the single of the said victual and other duties within a year and a day after the said citation and intimation as said is, the said estates of parliament find and declare that the said feuars and tacksmen shall be astricted to pay after the expiring of the said year and a day (thankful payment not being made within that space of the foresaid grassums, interest and composition extending to the quantity above-written), the quadruple of the silver duty and the double of the said victual and other duties foresaid to the said bishops in addition to the yearly duties contained in their said feus and tacks as said is; and the said estates declare that if there is not 10 years complete to run of the said tacks of teinds pertaining to the kirks of the said bishops after the day and date hereof, in that case the tacksmen in no way shall be astricted to pay any grassum, interest or composition for the same to the said bishops, but they to be free thereof. Moreover, the said estates declare that the said act and ordinance of parliament shall in no way be extended, comprehend nor prejudice any feus of bishoprics lawfully set and confirmed before the said act of annexation, which was in the said month of July 1587, excepting and reserving always out of this present act all dispositions made of whatsoever patronages of the kirks pertaining to the said bishoprics conveyed by lawful titulars and the king's majesty, and ratified in parliament in favour of whatsoever person or persons, and no others; and find and declare all and whatsoever dispositions made of the foresaid patronages of all kirks pertaining to bishoprics conveyed by the lawful titulars and his majesty, and not confirmed in parliament, to be of no value, although the same patronages be granted and conveyed by the king's majesty and titulars thereof, and likewise excepting and reserving all common kirks pertaining of old to the said bishops and their chapter in commonty, which are conveyed by his majesty to whatsoever person at any time preceding the date of this present act. And the said estates declare that if there be any common kirks pertaining to the said bishoprics and to their chapter of old, that now pertain and fall to them by virtue of this present act, that thereby the ministers who are lawfully provided to the said common kirks by presentation, collation and admission and serving thereat shall in no way be prejudiced during their lifetimes, but that the said provisions shall be sufficient right and warrant to the said ministers to hold, enjoy and possess their common kirks foresaid according as they are provided thereto, for all the days of their lifetimes, notwithstanding of whatsoever clause contained in this present act or any other act of parliament that might make any derogation to the said provisions, excepting always and reserving the castle of St Andrews and castle yards of the same, conveyed to George [Home], earl of Dunbar upon the resignation of George [Gledstanes], archbishop of St Andrews, dissolved and dismembered from the said archbishopric by our said sovereign lord and estates, with express consent and assent of the said archbishop, personally compearing in parliament, to whom our said sovereign lord in place and recompense of the said castle has given and conveyed the provostry of Kirkhill, vicarage and archdean of St Andrews, to remain with the said archbishop and his successors in addition to a yearly pension of 300 merks given to the said archbishop, so that the said castle and castle yards shall in no way be comprehended in this present act, nor yet shall be accounted nor esteemed in any time hereafter any part or portion of the patrimony of the said archbishopric, but shall remain with the said George, earl of Dunbar, his heirs and successors as their proper heritage, lawfully conveyed to them and dissolved from the said archbishopric. And in like manner the said estates declare that the foresaid act granted in favour of the said bishops shall not be extended nor prejudicial to the infeftments, rights and titles made to Sir Robert Melville of Murdocairnie, knight, his heirs and successors mentioned therein of the lands of Monimail and Letham, with the manor place, yards and buildings of Monimail and patronage of the kirk of Monimail pertaining of old to the archbishop of St Andrews, and declare the same infeftments to stand in the own strength notwithstanding of this present act, providing always that the said Sir Robert Melville and his heirs sustain and maintain the ministers serving at the said kirk upon the fruits of the same kirk. And, notwithstanding of this present act and whole clauses therein contained, our said sovereign lord, with advice foresaid, having considered the feuars of the barony of Glasgow to be many in number and the poverty of the most part of them to be such as they are not able to furnish the ordinary charges for renewing their infeftments, has dispensed and by this present act dispenses regarding the foresaid clause of renewing of feus, with as many of the said feuars as have taken their feus, without diminution of the rental and conversion of victual and other duties in silver, and who shall obtain a ratification from John [Spottiswood], now archbishop of Glasgow, of the said feus and rights before the feast of All Saints [1 November] next; and declares the feus lawfully set as said is to the said persons valid and effectual, their heirs, successors and assignees always entering by the said archbishop as their immediate superior and by his successors to their said lands, rooms and possessions by brieves raised out of the said archbishops' chancellery, precepts of clare constat, resignations and confirmations as use is, and paying their feu mails, ferms, multures, kanes and other duties to the said archbishop and his successors in all time hereafter, without prejudice to the letters of gift and pensions granted to [Ludovic Stewart], duke of Lennox, Sir George, Sir James and Sir Archibald Erskine's pensions out of the fruits of the said archbishopric of Glasgow, to be possessed by the said lord duke during the said lord duke's lifetime only.
[1605/6/32]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, perfectly understanding that the due punishment inflicted to traitors and rebels, and the rewards rightly distributed to† faithful and well deserving subjects encourage the better sort in well doing and is a terror to the evilly disposed to give freedom to their inclination; in consideration thereof, with advice and consent of the estates of his highness's parliament, ratifies, approves and perpetually confirms the processes, sentences and dooms of forfeitures led, deduced and pronounced against Francis [Stewart], sometime earl of Bothwell, the late John [Ruthven], sometime earl of Gowrie, and the late Master Alexander Ruthven, his brother, their memory, together with the acts made regarding the inability of the posterity of the said traitors, and decrees, declares, statutes and ordains that the gracious restitution to be given by his majesty or any of his successors to any person or persons already forfeited since his majesty's perfect age, or who in any time coming shall happen lawfully to be forfeited by his majesty or any of his successors, or to their heirs or their successors, shall in no way hurt or prejudice any of his highness's subjects in the right and security obtained, or to be obtained, by them or any of them of the lands, possessions, tacks, rights, goods or gear pertaining to the said forfeited rebels and fallen to our said sovereign lord or his successors by their rebellion and forfeiture, but that the same lands, possessions, tacks, rights, goods and gear whatsoever fallen to his majesty in manner foresaid and lawfully conveyed by his highness, or hereafter to be conveyed by him or his successors to any of his or their faithful subjects, shall perpetually remain with and appertain to the receivers of the security and disposition thereof, notwithstanding the said gracious restitution to be obtained by the said forfeited persons or their heirs or successors, which shall be no further extended nor have no further force nor effect but for the rehabilitation of their persons only, and in no way to be extended to the lands, possessions, tacks, rights, goods or gear pertaining to them before their forfeiture and lawfully conveyed to any of his highness's obedient subjects at such time as the undoubted right thereof stood in his highness's person, fallen and become in his majesty's hands by virtue of the said forfeiture. And because the persons forfeited, their bairns and friends in prejudice of his highness's donators and others of his majesty's obedient and dutiful subjects, abstracts and absents the evidents, tacks and securities of the lands, rooms and possessions of the said forfeited persons, it is therefore statute and ordained that notwithstanding the abstracting and absenting by any persons of the evidents, tacks and securities of the lands and possessions which pertained to any forfeited persons, and whereof the rights being either conveyed or confirmed by his majesty, the said dispositions or confirmations are extant in his highness's register, that the extract thereof out of the register shall be as good and sufficient title and right to his majesty's donators and others of his obedient and dutiful subjects having right thereto for possessing and enjoying the said lands and possessions as if the principal and original evidents, tacks or securities were yet extant, and that the said evidents and securities shall not be discerned to make any faith or to be disproved for not production of the original and principal, the said extracts or confirmations being produced by his majesty or his donators and others foresaid, and they being content to abide at the verity of the deed and trial not only of the truth of the confirmation, but also at the truth of the writ which is inserted in the confirmation whereof the principal is abstracted.
[1605/6/33]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, understanding that in the act made in his highness's parliament in the year of God 1600, whereby the slaying of salmon fish in forbidden time or of kipper smolts or black fish at any time was declared to be theft, and the committers thereof were ordained to be punished for the same as for theft, the rivers of Tweed and Annan were then excepted because the said rivers at that time divided at many parts the bounds of Scotland and England adjacent to them, whereby the forbearance upon the Scots part of the slaughter of salmon in forbidden time and of kipper smolts and black fish at all times would not have made salmon any more to abound in these waters if the like order had not been then observed upon the English side, which impediment, through the infinite mercy of God, being now removed by the most happy uniting of the empire of both the kingdoms in the royal person of his most excellent majesty, undoubted and righteous monarch of the same, whereby the inhabitants of this whole isle are equally subject to his sacred person and laws, and the remedy of their harms and redress of their abuses, punishment of their transgressions and establishing of their universal well belongs to his charge; therefore our said sovereign lord and estates of his highness's parliament, clearly understanding that the cause of the said exception is now removed, ratify and approve the said act of parliament regarding the forbidding of salmon, kipper smolts and black fish in manner above-written, and pains of theft and death discerned against the contraveners thereof, and retreat and perpetually annul and abrogate the said exception of the said waters of Tweed and Annan, and decree and ordain that in all time coming the contraveners of the said act, or any part thereof in the waters of Tweed or Annan, or any part of the same, shall underlie the said pains of theft and death according to the quality, rank and estate of the committers thereof, and as if the first act had been general and the said exception had never been contained therein.
[1605/6/34]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament statute and ordain that the farmers of the customs in Scotland do keep an original book of all the goods that are entered and shipped for England, the ship's name, place and master's name and to what port the ship is bound, and to keep the entries of every port by themselves, and every half year the farmers of Scotland to send a true copy of the same books to the farmers of England, and the farmers of England to do the like to the farmers of Scotland, and once yearly likewise to send the one to the other all the returns which come from either kingdom for discharge of their bonds, to examine if they be not falsified, which being examined shall be returned back again. Likewise, it is statute and ordained that the cocket do pass in the names of the principal owners of the goods loaded in every ship and not in poor men's names scarcely known in England. Item, that order may be taken that no gear nor merchandise be suffered to pass by land from Scotland into England nor from England into Scotland by the waste grounds and wasches.† It is statute and ordained that all goods carried by land from Scotland to England or brought from England to Scotland may pass only by the ways of Berwick and Carlisle and by no other way, to prevent all fraud, and that all merchants do bring a certificate from the farmers' deputes of Edinburgh to the farmers' deputes of Berwick and Carlisle, and also the farmers' deputes of Berwick and Carlisle to give the like certificate for all goods passing those ways for Edinburgh or any other city or town in Scotland, and to keep original books thereof under the pain of warding of the persons of them who shall contravene this present act or any point thereof, and escheating and confiscation of the whole goods, gear and merchandise which any person or persons shall transport between Scotland and England otherwise than is prescribed in this present act.
[1605/6/35]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, understanding that by the act of parliament regarding the designation of manses and glebes to ministers, it is ordained that there shall be four acres of land designated to each minister for his glebe next adjacent to the kirk; and seeing that by the iniquity of time and disorder of the borders and highlands of this realm in time bygone,† there are sundry kirks within the same which have no arable land adjacent thereto, but only pasturage, so that by the foresaid act of parliament made regarding the designation of four acres of land only for the glebe of each minister and no further, the ministers serving the cure at such kirks as have no arable land adjacent thereto, but only pasturage, are greatly hurt and defrauded. For remedy whereof, it is statute and ordained that, in all time coming, there be designed to the ministers serving the cure at such kirks where there is no arable land adjacent thereto four sums of grass for each acre of the said four acres of glebe land, extending in the whole to 16 sums for the said four acres, and that of the most commodious and best pasturage of any kirk lands lying next adjacent and closest to the said kirks; and ordain letters to be directed against the possessors thereof for removing therefrom in the same form as is appointed by the foresaid act of parliament made regarding designation of manses and glebes of before.
[1605/6/36]*[print] [email] [cite] [preceding] [following]
It is statute and ordained by our sovereign lord and estates in parliament that in time coming in all teinding of corns, that the same be teinded at three several times every year if the owners of the corns shall think it expedient, namely: the croft infield corn at one time, the barley at another time, and the outfield corn at the third time; and declare that 15 days after the complete shearing of each sort of corn being outrun, that it shall be permissible to the owners at the said 15 days' end to make requisition upon 7 days to give them thankful teinding, and if the owners get not thankful teinding at the expiring of the said 7 days, the said estates declare that it shall be lawful to the owners of the said corns to teind and stack the same themselves according to the act of parliament made of before regarding teinding of corns in all points, and shall incur no danger through this.
[1605/6/37]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, being careful that the settled and peaceable estate happily begun in those parts of this country which were the late borders opposite England may be so maintained, as all occasions of disturbance thereof may be providently foreseen and conveniently remedied, and understanding that nothing is more able to bring diverse of the inhabitants of the said late borders to disparate courses and turbulent enterprises than the rigorous execution of old decreets obtained against them or their predecessors 20 years before his majesty's happy succession to his crown of England, specially where the said decreets of their own nature may bring the danger of the yearly violent profits upon the persons against whom the said decreets were obtained, and thereby often surmounting their whole property, if they be put to extreme execution will give the party occasion of such despair as may induce them to attempt so dangerous remedies as may disturb the general quietness and renew or begin hot and bloody feuds amongst the parties; for remedy whereof, and to the effect such old decreets of ejection or removing as were obtained 20 years before his majesty's coming to the crown of England, and no execution sought and obtained thereupon during the said space of 20 years preceding his majesty's obtaining of the crown of England, may not urge and drive to despair and misery such as have these three years bygone contained themselves in all dutiful obedience to his majesty's authority and laws, therefore, his majesty and estates foresaid statute and ordain that all such decreets of ejection and removing and all effect and execution that in any way may follow thereupon shall cease and in time coming be void, except for obtaining possession to the parties in whose favour the said decreets were pronounced of the lands therein contained and payment to them of the ordinary profits which the said lands have paid to the persons against whom the said decreets were given of the years since his majesty's going to England only, and of no other years preceding the same; with special provision that in case the persons against whom the foresaid decreets of removing or ejection were given shall happen hereafter to be lawfully denounced rebels and put to the horn for non-obedience of the foresaid decreets, they being first charged after the day and date hereof by all the charges contained in the letters raised or to be raised upon the said decreets to obey the same, in that case the said estates of parliament declare that the obtainers of the foresaid decreets shall have sufficient action against the defenders specified in the said decreets for the violent profits of the lands mentioned therein continually since the obtaining of the foresaid decreets according to the law, notwithstanding of this present act.
[1605/6/38]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ordain for the greater advancement and better execution of justice to all his majesty's lieges, and eschewing of the superfluous and unnecessary charges which they sustain by poinding on decreets obtained before sheriffs, stewarts and bailies, as well of royalty as regality, that the like letters and execution of horning be directed and granted by the lords of session upon all acts, decreets and sentences of sheriffs, stewarts and bailies, as well of royalty as regality, as is granted and directed upon decreets, acts and sentences of provosts and bailies within burgh according to the act of parliament made relating thereto and after the form and tenor of the same in all points.
[1605/6/39]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament statute and ordain that no person within this realm hereafter shall fee, hire or conduce any salters, colliers or coal-bearers without a sufficient testimonial of their master whom they last served, subscribed with his hand, or at least sufficient attestation of a reasonable cause of their removing made in presence of a bailie or magistrate of the part where they come from; and in case any receive, fee, hire, supply or maintain any of the said colliers, salters or coal-bearers without a sufficient testimony as said is, the masters from whom they came, challenging their servants within a year and a day, that the party whom from they are challenged shall deliver them back again within 24 hours under the pain of £100 to be paid to the persons whom from they passed, and that for each person and each time that they or any of them shall happen to be challenged and not delivered as said is; and the said colliers, coal-bearers and salters to be esteemed, reputed and held as thieves and punished in their bodies, namely, as many of them as shall receive advance wages and fees. And the said estates of this present parliament give power and commission to all masters and owners of coal pits and pans, to apprehend all vagabonds and sturdy beggars to be put to labour.
[1605/6/40]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, having consideration of the act and statute made by his highness's predecessor King James II of worthy memory in the 14th parliament held by his majesty and 72nd chapter of the said parliament, regarding the setting of lands in feu ferm, as the act itself at length contains, under the pretext and colour whereof diverse persons holding their lands of other superiors for service of ward and relief have set the said lands held by them as said is in feu ferm to others of their subvassals for payment of a feu ferm duty, whereby they do manifest prejudice to their said superiors in altering of the said first holding expressly repugnant to the meaning of the said first act, whereas the said holding can be in no way altered by the vassals without some direct deed done by their superiors, tending to approve the said disposition which may alter the nature and condition of the said first holding; for remedy whereof, our sovereign lord and estates of parliament presently convened have statute and ordained, and by the tenor of this present act, statute and ordain in all time coming that it shall in no way be permissible to the vassals of any earl, lord, prelate, baron or any other freeholder within this realm, who holds their lands of their said superiors by service of ward and relief, to set their said lands which are held by them as said is to any other person in feu, for payment of a feu ferm duty in prejudice of their said overlords whom of they hold the said lands by service of ward and relief as said is, without the special advice and consent of their said superior had and obtained to the setting of the said lands in feu ferm or purchasing of the said superior's confirmation to the said disposition if any shall happen to be made as said is. And in case any such alienation shall happen to be made in any time to come without consent of the said superiors, or their confirmation obtained to the same, our said sovereign lord and estates of parliament find, decree and declare all such dispositions to be null and of no value, force nor effect either by way of action or exception.
[1605/6/41]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, finding that the laying of lint in lochs and burns is not only very hurtful to all fishes bred within the same, and bestial that drinks thereof, but also the whole waters of the said lochs and burns thereby being infected are made altogether unprofitable for the use of man and very harmful to all the people dwelling thereabouts; therefore, statute and ordain that no person nor persons in time coming lay in lochs and running burns any green lint under the pain of 40s on every occasion for each time they shall contravene, and also confiscation of the lint, to be applied to the poor of the parish within the which the said lochs and burns lie, and by the tenor hereof give power to the session of the kirk of each parish to try, examine and put this present act to execution, and to uplift the fines and to confiscate and dispose upon the said lint to the well of the poor of the parish as said is; and ordain letters of publication to pass hereupon in the appropriate form.
[1605/6/42]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, remembering the great favour shown and borne by his highness and his predecessors to the noblemen, barons and other subjects of this realm and their predecessors for their notable and memorable facts and services done to his majesty and his predecessors in defence and welfare of the realm in making and granting to them of heritable infeftments of their lands, baronies, lordships, castles, towers, fortalices, woods, mills, salmon fishings, offices and others therein contained, held of our said sovereign lord and his predecessors in free blench ferm for payment of certain blench ferm duties expressed in their infeftments, not as any burden or yearly duty, but by way of acknowledging and recognisance, if the same duties be required only; and that notwithstanding thereof within these late and few years the said noblemen, barons and others of our sovereign lord's lieges and subjects who hold their lands and others foresaid of our said sovereign lord in free blench are yearly, without any just cause, burdened, urged and compelled by charges to make payment in his highness's exchequer of certain sums of money as for the prices and value of the said blench duties, there being no such sums of money nor prices contained in their said infeftments; for remedy whereof our sovereign lord, with advice of the said estates, finds, decrees and declares that the noblemen, barons and other lieges and subjects who hold their lands and others foresaid of his majesty in blench ferm, are only justly due in payment of the blench duties expressed and set down in their infeftments if the same be required only, and that they ought in no way to be burdened, troubled or charged for sums of money as prices for the said blench duties, and that notwithstanding whatsoever act or ordinance made by the lords of his highness's exchequer, or other acts or ordinances whatsoever of whatsoever years bygone or to come, to the which this present act shall make and makes full derogation. And thereafter Sir Thomas Hamilton of Monkland, knight, advocate to our sovereign lord, in presence of the said estates, protested in his highness's name that the blench duties and spaces thereof contained in the foresaid infeftments be according to the king's majesty and his successors' estate and dignity; and thereupon the said lord advocate asked instruments.
[1605/6/43]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the act made of before by King James V of good memory, whereby it was statute and ordained that all sasines given by virtue of any precepts directed out of the chancellery should be given by the sheriffs of the shires, bailie or stewart where the lands lie, their deputes and clerk, as in the said act of the date 10 December 1540 at more length is contained, in all and sundry points, heads, articles, clauses and conditions of the same as far as the same extends, or may be extended, to sasines passed upon precepts directed out of the chancellery upon retours only. And the said estates of parliament decree and declare the same act made by King James V of the date above-written to have been only made for such sasines as are given by virtue of precepts that pass upon retours and to no other sasines directed upon any other precept directed out of the chancellery.
[1605/6/44]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and confirm all acts of parliament and laws with all freedoms, privileges, immunities and liberties granted to the burghs regal within this realm by our sovereign lord or any of his highness's predecessors at any time of before; and decree and declare the said burghs and every one of them to have good right to possess their said privileges and liberties as they were wont to do of before.
[1605/6/45]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve all and whatsoever acts made heretofore by his majesty and his highness's progenitors and the estates of the realm for preventing of all tumults and unlawful meetings and convocations within burghs, and ordain the same to have effect and to be put to due execution against the contraveners thereof in all points, with this addition: that no person nor persons within burghs, of whatsoever rank, quality or condition they be of, presume or take upon hand from thenceforth, under whatsoever colour or pretext, to convoke or assemble themselves together at any occasion, except they make due intimation of the lawful causes of their meetings to the provost and bailies of that burgh, and obtain their licence thereto so that nothing be done or attempted by them in their said meetings which may tend to the derogation or violation of the acts of parliament, laws and constitutions made for the well and quietness of the said burghs, declaring by this act the said unlawful meetings and the persons present thereat to be factious and seditious and all proceedings therein to be null and of no value, and the said persons to be punished in their bodies, goods and gear with all rigour according to the laws of this realm. And to the effect the said unlawful meetings, with all other tumults, disruptions and squabbles that shall happen to fall out within the said burghs, may be substantially suppressed, ordain the whole inhabitants of the said burghs at all occasions to readily assist and concur with the magistrates and officers thereof for settling of the said tumults and disruptions and punishing of the authors and movers thereof; and such as shall not assist and concur with the said magistrates readily or their officers for clearing and settling of the said tumults and disruptions as said is, shall be reputed and held as fosterers and maintainers of the said tumults and punished thereof in their persons and fined in their goods at the arbitrament of the magistrates and council of the said burgh; and ordain publication to be made hereof at the market crosses of the said burghs that none pretend ignorance thereof.
[1605/6/46]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, having a special regard to the maintenance and upholding of his highness's castles, palaces and houses as the same have been kept and maintained these many years bygone, decree and declare that the whole fruits and rents assigned, granted and conveyed for costs and charges of the maintenance and keeping of the said castles, palaces and houses shall remain with them in all time coming, notwithstanding whatsoever act or statute made in this present parliament, either special or general, which may be hurtful or prejudicial to the said fruits and rents assigned to the effect foresaid in any way.
[1605/6/47]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates convened in this present parliament, upon good and weighty considerations moving them, have freely and voluntarily offered and granted to the king's most excellent majesty, our sovereign lord, for relief and payment of his highness's debts and reparation of his majesty's houses, a taxation to be paid, collected and uplifted in manner and at the four terms following: that is to say, for the barons' and freeholders' parts of the same taxation, 20s money to be uplifted of every pound land of old extent within this realm pertaining to earls, lords, barons, freeholders and feuars of our sovereign lord's proper lands held by them immediately of his majesty, and paid at every one of the four several terms after-specified, that is to say, 20s at 1 February 1607, 20s at 1 February 1608, 20s at 1 February 1609, and 20s at 1 February 1610. And for the spiritual men and the burghs' part of the same taxation that there shall be uplifted of every archbishopric, bishopric, abbacy, priory and other inferior benefice and of every free burgh within this realm at every one of the said four times of payment, the just taxation of the same and as the same have been accustomed to be taxed to in all times bygone whenever the temporal lands of this realm were stented to 20s the pound land of old extent, and the same taxation to be paid at every one of the four several terms above-specified. And for collection of the barons' and freeholders' parts of the same taxation and of the feuars' and renters' of our sovereign lord's proper lands part thereof, it is statute and ordained that letters be directed charging all and sundry sheriffs, stewarts and bailies, their deputes and clerks, feuars, chamberlains and receivers of our sovereign lord's proper lands, that they and each one of them within the bounds of their offices raise and uplift the said sum of 20s money of every pound land of old extent lying within the bounds of their jurisdictions for every one of the four terms' payment above-specified, and bring in and deliver the same to James Hay of Kingask, his highness's collector general appointed for receiving of the same whole taxation, or to his deputes and officers in his name, having his power to receive the same at the particular terms above-specified under the pain of rebellion; and if they fail therein, at the bypassing of every one of the same terms, to denounce and escheat etc., and for their relief that letters be directed charging all and sundry earls, lords, barons and freeholders, feuars and renters of our sovereign lord's proper lands to make payment to the said sheriffs, stewarts, bailies and their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands, each one of them for their own proper parts respectively, of the said sum of 20s money for every pound land of old extent pertaining to them for every one of the said four terms' payment within 20 days next after they be charged thereto under the pain of rebellion etc.; and if they fail, to denounce and escheat etc., and if need be that the said sheriffs, bailies, stewarts, their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands poind and distrenzie for that as they shall think most expedient, providing always that the first term's payment of the same taxation be ever past before the next term's payment be charged for; and that the said earls, lords, barons, freeholders, feuars and renters of our sovereign lord's proper lands have letters for their relief to charge their vassals, subvassals, ladies of terce, conjunct fiars and life-renters to make payment of their parts of the same taxation within 20 days after the charge under the pain of rebellion etc., and if they fail, to denounce and escheat etc., and if need be to poind and distrenzie. And for the spiritual men's part of the same taxation, that letters be directed charging all and sundry archbishops, bishops, abbots, priors and other beneficed persons contained in the tax rolls, their chamberlains, factors and intromitters with their livings to make payment of that sum that they and every one of them are taxed to for every one of the said four terms' payment to the said James Hay of Kingask, his majesty's collector foresaid, his deputes and officers in his name having his power to receive the same, at the particular terms above-specified, under the pain of rebellion etc., and if they fail, to denounce and escheat etc, providing always that the first term's payment of the same taxation be ever past before the next term's payment be charged for. And that the prelates and beneficed persons for their relief have letters charging their vassals, subvassals, ladies of terce, conjunct fiars, life-renters, feuars, tacksmen and pensioners to make payment of their parts of the same taxation proportionally within 20 days next after the charge, under the pain of rebellion etc., and if they fail, to denounce and escheat etc, and if need be to poind and distrenzie for that as they shall think most expedient; always declaring that the production of sufficient hornings against the said feuars, vassals, tacksmen and pensioners shall be a relief to the said prelates and beneficed persons, and shall exonerate them according to amount from the payment of the same taxation, providing that the same hornings, with their tax rolls authentically made and subscribed by the said prelates and beneficed persons, and by their vassals, tacksmen and pensioners, containing the particular sums that every one of them are taxed to, be delivered to the collector of the same taxation within the space of 40 days after each term, otherwise he shall be in no way obliged to receive the same, neither shall the prelate and beneficed persons be exonerated by production of the same at any time thereafter. And further, that the said prelates and other beneficed persons may have their relief of their said vassals, subvassals, ladies of terce, conjunct fiars, life-renters, feuars, tacksmen and pensioners to their greater ease and less trouble to their said vassals and others foresaid, and to the effect that every man proportionally may pay his part of the same taxation according to the quantity and value of the free rent he has of his lands, pensions and teind sheaves pertaining to him, as well the prelate himself as the feuar, tacksman and pensioner, it is thought expedient, statute and ordained that the said prelates shall, every one of them severally, convene his whole feuars, vassals, tacksmen and pensioners at such convenient place as he shall think fittest and cause summon them personally or at their dwelling places to that effect, and being convened the said prelates and beneficed persons shall show to their vassals, feuars, tacksmen and pensioners the quantity of the said taxation imposed upon them authentically subscribed by clerk of the same taxation and they, with a consent, shall distribute the same to be paid by every man as well by the prelate† as by the vassal, feuar, tacksman and pensioner according to the great or small quantity of his free rent that he has either of his lands, teinds or pension; with certification to any of the said persons, feuars, vassals, tacksmen and pensioners that compears not at the day appointed to the effect foresaid, that such as shall compear with the said prelate and beneficed person shall proceed in the equal distribution of the same taxation, as well amongst those who are present as amongst the absents, which shall be as lawful in all respects as if the whole number were convened. And for collection of the burghs' part of the same taxation, that letters be directed charging the provost and bailies of each burgh to make payment of the tax and stent thereof to the said James Hay of Kingask, his highness's collector general foresaid, his deputes and officers in his name having his power to receive the same, at the particular terms above-specified, under the pain of rebellion etc., and if they fail, to denounce and escheat etc.; and for their relief that letters be directed charging all and sundry inhabitants within each burgh to convene and elect certain persons to stent their neighbours, and the said election being made to charge the persons elected to accept the charge upon them in setting of the said stent upon the inhabitants of each burgh, and to convene and set the same and make a stent roll thereupon as appropriate within 24 hours next after they be charged thereto, under the pain of rebellion etc., and if they fail, to denounce and escheat etc.; and likewise the said stent roll being made and set as said is, to charge the burgesses, neighbours and inhabitants of each burgh to make payment of their parts of the said stent to the said provost and bailies according to the tax roll to be given out thereupon within three days next after the charge, under the pain of rebellion etc., and if they fail, to denounce and escheat etc., and if need be that the said provost and bailies poind and distrenzie for that as they shall think most expedient. It is always provided that no person whatsoever be stented or taxed within burgh except according to the value and quantity of his rent, living, goods and gear that he has within burgh, in no way respecting his lands and possessions which he has to landward, for the which he will be obliged to pay taxation to other officers, providing always that the first term's payment of the same taxation be past before the next term's payment be charged for. Moreover, his highness and the said estates decree and declare that the charges to be given for payment of the same taxation shall be executed before the terms of payment above-specified for every terms' payment particularly by itself, and that the denunciation of horning following thereupon shall not be executed until the term of payment be past, which denunciation so following upon the charge given before the said terms of payment the said estates decree and declare to be valid and sufficient. Moreover, his majesty and the said estates, considering the great abuse that has been used in all times bygone by sundry of the lieges of this realm, against all good conscience, in causing their poor farmers and labourers of their ground, being removable, who are subject in very dear ferms, paying to relieve them of the whole burden of the same taxation, which has been the occasion of the impoverishing of a great number of the said poor labourers and farmers and bringing of them to utter wrack and ruin, whereas of reason the said tenants should be altogether free of the payment of any taxation and the same should be paid by such as have free rents, lands and goods of their own; for remedy whereof, it is statute and ordained that no person whatsoever exact or compel his tenants or farmers removable who pay him ferm for his lands occupied by them to pay any part of this present taxation or to suit relief of the same at their hands; and if the same be found done by any persons that they shall be called and convened for that before his highness's justice and his deputes as violent and masterful oppressors of his highness's subjects and punished for that according to justice.
[1605/6/48]*[print] [email] [cite] [preceding] [following]
Forasmuch as the whole estates of this present parliament not only see but, to their infinite comfort, by daily experience, feel the manifold blessings redounding to them from their most gracious sovereign, the sincerity of whose intentions, righteousness and wisdom in his actions and zeal to religion and justice having procured to his highness the undoubted favour of God and man, have therewith also bred to this his native kingdom so perfect peace and universal prosperity that neither the experience of the present, nor memory of any past age, is able to record any preceding example whereby either the ordinary traffick and repair of people has been so freely and commodiously dispersed to so many so far distant nations (which heretofore being only known to us by name, are now for the reverence and love borne by all people to our most renowned king so favourably patent to all our commerce as no people are more universally acceptable and welcome to all nations), or that the bowels and whole bounds of this kingdom were ever so happily purged of violence, hurt and disorder, and so universally blessed with peace, justice and Christian policy as by the exceeding care, provident direction and great charges of his most excellent majesty is now established, so that we want no part of our wished earthly felicity but the desired presence of his most sacred majesty, which to our unspeakable comfort his highness has been pleased by his wise, humane and most kind letter directed to the estates graciously to promise most willingly to remedy by his assured repair to this country so soon as the necessary impediments thereof can be removed. In consideration of which so many so great benefits, the said estates truly acknowledging how justly they are bound to give most hearty and continual thanks and praise to God, the author of the same, and to their sacred sovereign, his blessed instrument thereof, and fervently to beseech God long to continue his foresaid graces with them and their most gracious sovereign long and happily to reign over them. And therewith also being most willing according to their bound duty to make effectual demonstration of their most grateful minds to his excellent majesty and to endeavour themselves so to remove all impediments and earnestly to advance all means and occasions of his majesty's resort to this country as may bear witness to the world how thankfully and dutifully they acknowledge and foresee the infinite commodity and contentment which undoubtedly they shall receive by the same, albeit they be not able to offer or perform that which in any degree approaches to the large proportion of his royal bounty and favour to them, yet hoping that his majesty in his customary goodness will graciously accept of their most faithful affections, and in his princely wisdom consider that they now only present their first fruits of that settled and peaceable estate, which being recently established by his majesty's favour and providence will, with time, increase their wealth and ability and make it more nearly to approach than at this time it can, to the full measure of their most hearty affections, every way to gratify and serve his majesty; therefore, in most humble manner, the said whole estates of this realm earnestly beseech his most sacred majesty graciously to accept this their offer of a taxation, which, with most faithful hearts as a pledge and token of their most loyal service, humble obedience and unchangeable affection, they offer to his majesty to be imposed, collected and paid to his highness by the said estates in manner and at the four terms following: that is to say, the earls, lords and commissioners of shires for the temporal estate have granted that there shall be uplifted of every pound land of old extent within this realm pertaining to earls, lords, barons, freeholders and feuars of his majesty's proper lands the sum of 20s money at every one of the four terms following, namely: the sum of 20s at 1 February 1607, the sum of another 20s at 1 February 1608, the sum of another 20s at 1 February 1609, and the sum of another 20s at 1 February 1610. The archbishops and abbots for the spiritual estate have granted that there shall be uplifted of all the archbishoprics, bishoprics, abbacies, priories and other inferior benefices within this realm, at every one of the four terms above-specified, the just taxation thereof, and as they have been accustomed to be taxed to at all the times bygone whenever the temporal lands of this realm were stented to 20s the pound land of old extent, and the same taxation to be paid at every one of the four several terms above-specified. And the commissioners of burghs for their estate have granted that there shall be uplifted of all burghs within this realm at every one of the four terms above-written, the just taxation thereof and as they have been accustomed to be taxed to in all times bygone whenever the temporal lands of this realm were stented to 20s the pound of old extent, and the same taxation to be paid at every one of the four several terms above-mentioned. And in regard that his majesty has erected sundry prelacies in temporal lordships, whereby the owners thereof may claim to be taxed with the barons of the temporal estate, and through which his highness will be defrauded of a great part of the same taxation, therefore it is statute and ordained that all erections of prelacies in temporal lordships shall in payment of the said taxation pay to the collectors thereof so much of the same taxation proportionally as if they were in no way erected and as they were subject to do before the erection of the same. And likewise it is statute and ordained that all dissolved benefices within this realm shall be subject in payment of so much of the same taxation proportionally as they would have been subject to pay so the same had not been dissolved. And further the said estates annul and discharge all privileges and immunities whatsoever whereby any persons may think themselves free of payment of this present taxation (except only the privileges granted to the senators and members of the college of justice).