[A1609/1/3]*[print] [email] [cite] [preceding] [following]
Forasmuch as the said estates, considering that one of the great causes which has procured the growth and increase of papists within this kingdom has proceeded from the small care and regard that has been had of the education and upbringing of the youth, who, being sent out of the realm to places of contrary profession and not being first well grounded in religion and accompanied with pedagogues scarce well affected to religion, they do often return back so possessed with superstitions and heretical errors as they may be justly suspected for dangerous subjects in the estate; for preventing of which growth and increase of defection from the true faith by the occasion foresaid, the estates presently convened statute and ordain that all such noblemen and others who hereafter shall happen to direct any pedagogues with their sons out of the country shall be held by virtue of this present act to have a sufficient testimonial of the bishop of the diocese where the said pedagogue for the most part lately before made his residence, testifying and approving the said pedagogue to be godly and of good religion, learned and instructed in the same. And if any nobleman or other shall happen to send any pedagogue with their sons out of the country without the testimonial and approbation of the bishop in manner above-written, in that case the said estates declare, statute and ordain that every such nobleman and others, according to their several degrees and ranks, shall incur the pains particularly underwritten, namely: every earl, £5,000; every lord, 5,000 merks; and every baron, 3,000 merks, which sums shall be intromitted with and uplifted of them by his majesty's treasurer and his depute to his highness's use. As also the said estates ordain the said noblemen, barons and others to have a special care and to give order and direction that the remainder of their sons out of the country shall be in places where religion is professed, or at least where there is no restraint of the same by the cruelty of inquisition; and that during the time of their absence they shall not practice any idolatrous exercise of religion, and that such persons that have not the means to maintain with their sons a pedagogue shall send them to such parts where religion is professed in. And in case their sons after their departure out of the country shall practice the exercises of contrary religion, the said estates ordain that their parents or such others as have the charge of them shall be compelled to find caution acted in the books of secret council, under such pains as shall be modified, that they shall not supply, entertain nor furnish them with anything necessary or comfortable to them.
[A1609/1/4]*[print] [email] [cite] [preceding] [following]
And because there are diverse persons that pass out of the country and in the time of their remaining out of the same do embrace false religion contrary to that which is professed, allowed and maintained by his majesty, therefore the said estates declare, statute and ordain that all and whatsoever persons of this kingdom who shall depart and pass out of the bounds of Great Britain to parts beyond sea, and shall embrace any other religion than that which is presently professed within this kingdom, shall be by virtue and authority of this present act incapable and no way able to possess any office or honour within the kingdom thereafter.
[A1609/1/5]*[print] [email] [cite] [preceding] [following]
And whereas there are diverse persons who are excommunicated for not conforming themselves to the true religion presently professed, and do notwithstanding still enjoy the possession of their lands, rents and living, either directly in their own persons or covertly in the persons of their friends and well wishers, to their use and benefit, to the encouraging of them to persist in their pernicious and erroneous opinions, and to the frustrating of the execution of the acts and constitutions made against excommunicates heretofore; therefore it is declared, statute and ordained by authority and consent of this present convention that no persons whatsoever who are already or hereafter shall happen to be excommunicated for not conforming themselves to the religion presently professed within this kingdom, shall be suffered either directly in their own persons or covertly and indirectly by any others in their names and to their benefit to enjoy the possession of their lands, rents and revenues, but that the same shall be dealt with, intromitted with and uplifted to his majesty's use.
[A1609/1/6]*[print] [email] [cite] [preceding] [following]
And to the effect every man's affection and disposition in his religion may be clearly and sufficiently known, the estates statute and ordain that every archbishop and bishop within the bounds of his own diocese shall once every year give up to the treasurer, comptroller, collector and their deputes, and to the director of our sovereign lord's chancellery, a roll subscribed with his hand, containing the names of all such persons within his diocese who are excommunicated for religion and who are apostates and refuse to subscribe, swear and communicate for religion; and ordain the said treasurer and his deputes that they receive no resignations nor grant confirmations nor infeftments to nor in favour of any of the persons whose names shall be contained in the said roll, and that the director of the chancellery and his deputes give out no brieves, receive no retours, nor direct no precepts upon retours nor upon comprisings in favour of any of the said persons whose names shall be inserted in the said roll at any time thereafter, until the said person or persons produce to the said treasurer, comptroller, director of the chancellery and their deputes a sufficient testimonial subscribed by the said archbishop or bishop testifying their relaxation from the said excommunication and their obedience and satisfaction to the kirk, as the said treasurer, director of the chancellery and their deputes will be answerable to his majesty upon the duty of their office. And also the said estates declare that it shall be lawful to all lords of regalities and to all superiors whatsoever within this kingdom to refuse brieves and precepts of clare constat in favour of any of the persons whose names shall be inserted in the said roll; as also to refuse the entry of tenants upon comprising, whose names are inserted in the same roll.
[A1609/1/7]*[print] [email] [cite] [preceding] [following]
Forasmuch as the estates presently convened, understanding the just grief and discontent which the subjects of this kingdom of all degrees and ranks have conceived upon the erection of that unnecessary register called the register of the secretary, wherein all instruments of sasine, reversions, bonds for giving of reversions and certain other writs specially and particularly contained in the act and statute made regarding the erection of that office are ordained to be registered, the same register, serving for little or no other use than to acquire gain and commodity to the clerks, keepers thereof, and to draw his majesty's good subjects to needless, extraordinary and most unnecessary trouble, turmoil, fuss and expenses, howsoever the general well and benefit of the whole estate was presented at the making of that statute; and the said estates, acknowledging and considering that fatherly care which the king's most sacred majesty has ever had to avoid the overcharging of his highness's subjects with any unnecessary burdens, and how that his majesty has ever abhorred and detested the introduction of any new innovations which howsoever by private men for their particular gain were pretended for the good and benefit of the estate do nevertheless often prove nothing but a semblance for an extraordinary intended extortion of his majesty's subjects; as also the said estates, understanding that his sacred majesty has been often imported with the complaints presented to his highness upon the justly conceived grief regarding this register, therefore the said estates, after good advice and mature deliberation, have abrogated, repealed and discharged and, by virtue and authority of this present act, abrogate, repeal and discharge the act and statute of convention whereby that register was erected, bearing date at Falkland, 31 July 1599, or whatsoever other date or dates the same be and all ratifications thereof passed since in parliament, ordaining the same to have no strength, life, force, effect nor execution in any time coming, and frees, exonerates and relieves all his majesty's subjects of all that needless and extraordinary burden which they sustained by presenting of their evidents, letters and writs to the said registers, so that now and from thenceforth they shall never acknowledge the same nor be troubled nor burdened therewith; and ordain the lords of council and session and all other judges within this realm to proceed in all actions and causes founded upon the said statute regarding the erection of the said register according to the tenor of this present act, and to sustain all such letters, evidents and writs which by virtue of the said act and statute should have been registered hereafter, although the same be not registered; and ordains this act to be ratified and approved in the next parliament.
[A1609/1/8]*[print] [email] [cite] [preceding] [following]
Forasmuch as albeit there have been diverse acts made by the king's most sacred majesty and his noble progenitors of famous memory, especially an act made in 1563 by his majesty's dearest mother and her estates of parliament for the time, which was thereafter ratified by our sovereign lord in the month of October 1579, whereby the transporting of coals out of this realm is prohibited and forbidden under the pain of confiscation of the ship, coals and all the goods that the owner of the coals has within the ship or vessel, except so many as are needful for fire during the time of their voyage, the third part thereof to the revealer and apprehender of the contraveners of the said act and the rest to his majesty's use, as in the same acts at length is contained; nevertheless, the said acts have received little or no effect nor execution these diverse years past, but great numbers of persons, as well strangers as countrymen, do transport the coals out of this realm in very great quantity, through which the same are risen to an extraordinary dearth and price and by all appearance the whole coal within this kingdom shall in a very short time be wanted and consumed, to the great hurt and prejudice of the whole estate, which goodly cannot want so necessary a benefice without remedy be provided; therefore the nobility, prelates, council and estates presently convened ordain new publication to be made of the said acts, commanding and inhibiting expressly all his majesty's subjects and strangers that they nor none of them presume nor take upon hand at any time after the publication hereof at the market cross of Edinburgh to carry or transport out of this kingdom to any foreign parts beyond sea any coals in any ship, crayer, boat or other vessel, except so much as may serve for their fire during their voyage, under the pains above-specified, mentioned and contained in the said acts, certifying those that fail or do in the contrary, that the said pains shall be intromitted with and uplifted of them without favour. And whereas there are some crafty and avaricious bodies who pretending most falsely that they will carry their coals to England, do notwithstanding transport them to foreign parts, the said estates, for avoiding of all such craft and deceit in time coming, ordain and command the tacksmen and farmers of his majesty's customs to cause sufficient surety and bond be taken under great sums of all such as shall offer to bring their coals to England (which the said estates intend no way to prohibit, but that there shall be a communion and intercourse of the commodities of the one kingdom to the other), for returning of a certificate of their landing and unloading at such port or ports in England as they shall arrive at, and the said estates ordain that all such bonds as shall be forfeited for this cause shall be pursued and exactly taken up.
[A1609/1/9]*[print] [email] [cite] [preceding] [following]
Forasmuch as albeit the exportation of tanned leather, made shoe leather, yarn and tallow be expressly prohibited and forbidden under diverse pains mentioned and contained in the acts and constitutions made relating thereto, especially the confiscation of the said commodities and the whole remaining goods of the buyers and transporters thereof, nevertheless the past negligence in not seeking the execution of the said acts and the oversight and connivance of the searchers has produced a very great contempt, break and violation of the said acts, and great numbers of persons, preferring their private gain to the obedience of the law, are not afraid privately and publicly to transport the said commodities, to the great hurt of the common good; therefore, the estates presently convened ordain new intimation and publication to be made of the said acts, certifying all and sundry persons who shall violate, contravene and break the same that they shall be noted, tried and punished accordingly. And the said estates ordain and command all searchers within this kingdom, every one within the bounds of their office, to cause diligent attendance be given that none of the said commodities be transported against the tenor of the said acts, but that they search, seek, meddle and intromit with the same as they will be answerable upon the peril and duty of their offices.
[A1609/1/10]*[print] [email] [cite] [preceding] [following]
Forasmuch as it has pleased God to discover certain veins of rich metal within this kingdom, as also certain woods in the highlands, which woods by reason of the savageness of the inhabitants thereabouts were either unknown or at the least unprofitable and unused; and now the estates presently convened, being informed that some persons, upon advantage of the present general obedience in those parts, would erect iron mills in the same parts to the utter wanting and consuming of the said woods, which might be reserved for many better uses and upon more choice and profitable metals, for the honour, benefit and estimation of the kingdom, therefore the estates presently convened statute and ordain and therewith command, charge and inhibit all and sundry his majesty's lieges and subjects that none of them presume nor take upon hand to work and make any iron with wood or timber under the pain of confiscation of the whole iron that shall be made with the said timber to his majesty's use; and ordain publication to be made hereof by open proclamation at all places needful, through which none pretend ignorance of the same.
[A1609/1/11]*[print] [email] [cite] [preceding] [following]
Forasmuch as upon diverse and sundry complaints exhibited to the lords of privy council regarding the exorbitant prices taken at the registers and seals, whereby not only his majesty's subjects were heavily damnified, but also his highness's rents of treasury, comptrollership and collectory greatly prejudiced and hindered, his majesty's lieges being scared from completing of their rights and securities by reason of the said extraordinary extortion, the said lords, by a special act and ordinance bearing date 4 February 1606, set down the just and ordinary price of all letters, acts and writs proper to whatsoever clerkship within this kingdom, together with the prices of the signet, privy and great seals, which prices the clerks and keepers of the seals and registers were ordained by the said act to write on the back of every one of the said writs, and subscribe the same with their hand, under the pain of deprivation of them from their offices, as the said act containing diverse other clauses, heads and articles at length bears; which act, albeit for some short space it received effect and execution, nevertheless it is now become in disuse and the former abuse, scaffery† and extortion is not only renewed, but risen to a far greater height, to the hurt and prejudice of his majesty's subjects and to the slander and reproach of this nation that such liberty and freedom should be given to such shameful scaffery and extortion; therefore the estates presently convened ratify, allow and approve the foresaid act and ordinance containing the prices of writs and seals as said is in all points, articles and clauses thereof and after the form and tenor of the same, with this addition: that the contravener of the said act in any point thereof, either in exceeding the prices specified in the said act or not writing of the price under their hand upon the back of every letter and writ, shall not only incur the pain of deprivation from the seal, register and office which they possess, but they shall be called and convened before his majesty's council and shall be censured and punished in their persons and goods as shameful extortioners of his majesty's subjects, and the person or persons whatsoever who will complain upon [them],† shall not only have summary and ready justice, but the one half of the fine and penalty which shall be enjoined and laid upon the said contravener.
[A1609/1/12]*[print] [email] [cite] [preceding] [following]
Forasmuch as in the parliament held at Edinburgh, 29 July 1587, it was statute and ordained by our sovereign lord and estates of the said parliament that malt, barley and oats, which of before were used to be measured by heap, for eschewing of fraud should be measured by strake† in all time coming after the date of the said act, whereby by just trial and examination the heap in proportion was found to be the third of the peck or firlot, and that the measures of the firlot and peck should stand universally, receiving and delivering three for two or six for four of malt, barley and oats according to the proportion specified in the said act, which is the 114th act of the said parliament, as in the same at more length is contained; and albeit that the foresaid act be most equitable and reasonable, as also profitable to all our sovereign lord's lieges, yet the same in that part thereof above-written has not taken full effect within any part of this kingdom, therefore the estates presently convened statute and ordain that the foresaid act of parliament shall take full effect and be put to due execution in that part thereof above-specified regarding the mets and measures of malt, barley and oats, and that the same in all time coming shall be delivered and received by strake, by peck or firlot agreeable to the proportion specified in the said act of parliament in all points, receiving and delivering three for two or six for four within the whole bounds of the said sheriffdom of Edinburgh and constabulary of Haddington; and for that effect, ordain letters to be directed for publication of the premises by open proclamation at the market crosses of the burghs of this kingdom, as well of royalty as regality and barony, and other places whatsoever where markets of victual are held. And also commanding and charging all provosts and bailies of all burghs, as well royalty as regality and barony within the bounds foresaid, to put this present act to due execution so far as concerns them so that the same may take full effect within the bounds above-specified.