[1609/4/26]*[print] [email] [cite] [preceding] [following]
Forasmuch as amongst the infinite monuments and testimonies of his majesty's true piety, singular wisdom, sincere zeal to justice and fatherly care of his people, the estates of this kingdom have not found any bringing more deserved commendation and permanent renown to his majesty or greater profit, quietness and comfort to his subjects, nor his constant perseverance in his most religious and prudent resolution to extirpate the ungodly, barbarous and brutal custom of deadly feuds, which by the inveterate abuse of many past ages was become so frequent in this realm as the subjects of greatest rank and quality, upon every wicked occasion of base and unworthy controversies of neighbourhood for turf, fold dykes, furrows or marches of lands, foolish words or drunken discords between their meanest servants and dependents and any other in the country, did so readily embrace the protection of their unjust and unnecessary quarrels as did many times involve themselves and their whole friendship in most bloody and mortal troubles, which they did prosecute with such malice and cruelty as to the extreme peril of their soul's infamy, of their memorial and overthrow of their own and their adversary's houses, did distract the kingdom in opposite factions and many times furnished matter of most pernicious, seditious and civil wars, the inconveniences whereof being manifestly seen and sensibly felt, both by the princes and people of this realm, in many past ages, and earnestly sought to have been removed, yet the corruption was so universal that the greatest part prevailing against the best that cruel barbarity has both continuance and daily increases until his majesty, bending the excellent wisdom and rare graces of his royal mind (wherewith God has attributed him more abundantly than any king that ever did reign in this island) against that godless, unnatural and beastly custom, did devise and establish a most godly, just and prudent law and ordinance for the course to be observed for removing upon equitable and just conditions the deadly feuds, which then stood in great number between the most powerful subjects in this kingdom and their kinsmen, assisters and partakers, in the execution whereof, God having miraculously assisted his majesty's most holy and just intention after exceedingly great care and pains taken by his majesty in trial of all the original causes of the said discords, the true circumstances of the injuries and losses sustained by other party and in prescribing due satisfaction to be indifferently made for redress of all past harms and wrongs, his majesty's admirable constancy has so overcome all difficulties that the whole known feuds within the kingdom being now removed by perfect reconciliation and just contentment of all parties having interest therein, his majesty's whole subjects find such joy and happiness in the sweet fruits of his wisdom and providence expressed in that case that they earnestly wish that his majesty, who has so carefully exterminated that abominable pest of deadly feuds, may in his singular wisdom find means forever to prevent the reviving of that monster; wherein his majesty, considering that nothing gave so great growth and strength to that past barbarity as the sloth of magistrates in not suppressing the first feuds of these dissentions, which being small and weak in the beginning, for peats, turf, divots, fold dykes, poindings, neighbourly marches, injurious words or small brawls, were then easy to be settled if diligence and authority had been joined for repressing thereof, which being neglected by those to whom it appertained, these minor disputes and insolencies did very often kindle such flames of disorder, dissention, rancour and feud as in many years with great streams of blood, desolation and ruin of great and ancient houses and races could hardly be quenched; for remedy whereof, his majesty and estates foresaid ratify and approve the former act made by his highness for abolishing of deadly feuds in every head, clause and article thereof, and further statute and ordain that in every shire within this kingdom there shall be yearly appointed by his majesty some godly, wise and virtuous gentlemen of good quality, means and report making residence within the same in such number as the bounds of the shire shall require to be commissioners for keeping his majesty's peace, to whom his majesty, with advice of the lords of his privy council, shall give power and commission to oversee, try and prevent all such occasions as may breed trouble and violence amongst his majesty's subjects or forcible contempt of his majesty's authority and breach of his peace, and to command all persons in whom they shall see manifest intention to make trouble or disorder, either by gathering together of idle and disorderly persons or by public bearing or wearing of pistols or other forbidden weapons and such other riotous and swaggering behaviour, to bind themselves and find caution under competent pains to observe his majesty's peace and for their compearance before his majesty's justice or lords of privy council to underlie such order as shall be found convenient for punishing of their transgressions or staying of troubles and enormities; and if need shall be to require the dutiful and obedient subjects of the shire to concur with them in preventing all such contempts and violence, or for taking and warding of the wilful and disobedient authors, committers and fosterers of these crimes and disorders, under such competent arbitrary pains as his majesty and lords of his privy council shall appoint for the offenders and such of the country as being required shall not give their ready and sincere concurrence to his majesty's commissioners in the premises, whereby the ordinary magistrates and officers within the shires may be the better assisted, and their absence, employments or other impediments more commodiously supplied, without derogation of their jurisdiction or want of ready comfort and justice to the obedient subjects within the bounds thereof, ordaining also the said commissioners to give true advertisement and information to the lords of his majesty's privy council, justice general and his deputes, his majesty's treasurer and other magistrates and officers whom it pertains, of the names of such faithful and unsuspected witnesses and assizers to be summoned in all crimes and disorders which shall happen to fall forth within the said shires as shall be known to be most fit and able for trial and probation of the same, and for eschewing that such as are either aged, sickly or unable to travel or ignorant of the facts to be tried be not unjustly vexed or unnecessarily drawn from their own houses and affairs for matters whereof they are not able to give any light.
[1609/4/27]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament, finding by daily experiences that the greatness of his majesty's empire, magnificence of his court, fame of his wisdom and justice and of the civility of his subjects has begun already to allure diverse foreign princes and other strangers of all estates to make more frequent repair to his country than ever they did in any preceding age, which resort of strangers will by all appearance both continue and daily more and more increase, and by them no doubt report will go through all the world of the estate and government of the kingdom according to the order which they shall see observed within the same, whereof the rules and good example flowing from the estates of parliament and magistrates to the whole remaining subjects of the realm it is most necessary that such gravity and comeliness be used by the lords and commissioners of parliament and other magistrates in their apparel and behaviour as may best deserve the good report and true commendation of all princes, noblemen and other strangers who shall have occasion to see and relate the same, the respect whereof having induced his majesty to prescribe to the nobility apparel for the parliament becoming their honourable estate; and understanding that the remaining members of that high court have not reformed themselves to the like conveniency, neither yet that the course intended by his majesty for discharging noblemen and gentlemen to be elected provosts and magistrates of burghs (whereof none should be capable but burgesses, actual traffickers and inhabitants of the said burghs) has taken such effect, as is most necessary for preservation of the liberties and good estate of the said burghs and hindering the dissipation of their common good and perverting of their privileges, for remedy whereof his majesty, with advice of the estates of his highness's parliament, statutes and ordains that no man shall in any time coming be capable of provostry or magistracy within any burgh of this realm, nor to be elected to any of the said offices within a burgh, but merchants and actual traffickers inhabiting within the said burghs only and no others, and that the said magistrates of burghs to be hereafter elected and their commissioners of parliament shall have and wear at parliaments, conventions and other solemn times and meetings when the dignity shall require it such comely and decent apparel as his majesty shall prescribe convenient for their rank and estate, whereby they may be determined from other common burgesses and be more reverenced by the people subject to their charge. And because a comely, decent and orderly habit and apparel in the judges of the land is not only an ornament to themselves (being a badge and mark for distinguishing them from the vulgar sort), but the same also breeds in common people that reverence and regard that is due and proper for men in those places, and this being a custom universally observed almost through all Europe, the want whereof is greatly censured by strangers resorting in these places, the said estates therefore upon infinite proofs they have of his majesty's most singular wisdom in all his directions and of his gracious love and affection to this his native kingdom, have in all humility referred to his highness's own appointment the assigning of any such several sort of habit and vestment as shall be in his majesty's judgement most fit and proper as well for the lords of session, being the supreme judges in civil actions, as for all other inferior judges of the like causes, as also for the criminal and ecclesiastical judges and for advocates, lawyers and all others living by law and practice thereof, that so every one of these people may be known and distinguished in their place, calling and function and may be accordingly regarded and respected. Moreover, his majesty and estates foresaid, considering what slander and contempt has arisen to the ecclesiastical estate of this kingdom by the occasion of the light and improper apparel used by some of that profession and chiefly those having vote in parliament, it is therefore statute that every preacher of God's word shall hereafter wear black, grave and comely apparel beseeming men of their estate and condition, as likewise that all priors, abbots and prelates having vote in parliament, and specially bishops, shall wear grave and decent apparel agreeable to their function, and as appertains men of their rank, dignity and place. And because the whole estates humbly and thankfully acknowledges that God of his great mercy has made the people and subjects of this country so happy as to have a king reign over us who is most godly, wise and religious, hating all erroneous and vain superstition, just of government and of long experience, therein knowing better than any king living what appertains and is convenient for every estate in their behaviour and duty, therefore it is agreed and consented by the said estates that whatever order his majesty in his great wisdom shall think fit to prescribe for the apparel of kirkmen agreeable to their estate and means, the same being sent in writing by his majesty to his clerk register, shall be a sufficient warrant to him for inserting thereof in the books of parliament, to have the strength and effect of an act thereof, with executorials of horning to be directed thereupon against such persons as within the space of 40 days after the publication and intimation to them of the said act or charges used against them thereupon shall not provide themselves of the apparel to be appointed by his majesty for men of their vocation and estate, to be used and worn by them and their successors at the times and in manner to be expressed in the said act to be made by his highness relating thereto.
[1609/4/28]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, foreseeing that there is nothing so necessary for the perpetual well and quietness of all his subjects of this monarchy as the furtherance and accomplishment of the union of his two famous and most ancient kingdoms of Scotland and England, whereof his majesty, out of his fatherly care of the peace and happiness of his good and faithful people, having most instantly and earnestly solicited the perfection and by the worthiest members of both kingdoms so effectually advanced the same, as he hopes (God willing) in his reign to see the wished end of that great work which in his royal person has received so miraculous and happy a beginning, and nevertheless finding therein such malicious impediments as the devil and his adherents do usually suggest to the hindrance of all just and godly enterprises, specially by false and calumnious brutes' speeches and writings craftily uttered and dispersed by some lawless and false people of this realm, as well in private conferences as in their meetings at taverns, ale houses and plays, and by their pasquils, libels, rhymes, satires, comedies and likewise occasions whereby they slander, malign and revile the people, estate and country of England, and diverse his majesty's honourable councillors, magistrates and worthy subjects of that his majesty's kingdom, the continuance whereof, being able to incense the people of England to just grief and discontent, may not only hinder the intended union of all the good subjects of this monarchy, but stir up in them such irreconcilable evil will as with time might bring forth most dangerous and harmful effects; for remedy and preventing whereof his majesty, remembering how strict and severe punishment has by the laws and actions of his most noble progenitors, kings of this realm heretofore, been ordained to be inflicted upon such as should devise or utter false and slanderous speeches and writs to make dissentions between the prince and his subjects or raise sedition in the realm, and considering that all such purposes and writs as may breed disliking between the inhabitants of the said kingdoms of Scotland and England, being now all become his majesty's liege people, equally subject and equally beloved of his highness, tend to most dangerous dissension and sedition amongst his subjects, therefore his majesty, with advice and consent of the whole estates of this parliament, statutes and ordains that whosoever shall hereafter by word or writing devise, utter or publish any false, slanderous or reproachful speeches or writs of the estate, people or country of England or of any councillor thereof, tending to the remembrance of the ancient grudges borne in time [of]† past troubles (the occasion whereof is now happily abolished by the blessed conjunction of the said kingdoms under his majesty's sovereignty and obedience), or to the hindrance of the wished accomplishment of the perfect union of the said kingdoms, or to the slander or reproach of the estate, people or country of England, or dishonour or prejudice of any councillor of the said kingdom, whereby hatred may be fostered or maintained, or misliking raised between his majesty's faithful subjects of this isle, the authors of such seditious, slanderous and injurious speeches or writs or dispersers thereof, after trial taken of their offence either before his majesty's justice or the lords of his highness's privy council, shall be severely punished in their persons and goods by imprisonment, banishment, fining or more rigorous corporal pain as the quality of the offence shall be found to merit at his majesty's pleasure, and all such as hearing and getting knowledge of any such speeches or writs shall conceal the same and not reveal them to his majesty's ordinary officers, magistrates or councillors, whereby the authors and dispersers thereof may be punished, shall underlie the like trial and pain.
[1609/4/29]*[print] [email] [cite] [preceding] [following]
Forasmuch as the king's majesty is resolved to purge the middle shires of this isle, heretofore called the borders of Scotland and England, of that barbarous cruelty, wickedness and incivility which by inveterate custom almost was become natural to many of the inhabitants thereof, and to reduce them to the knowledge, love and fear of God, reverence of his majesty's authority, obedience of his laws and duty to their neighbours, for accomplishing of that most royal design made choice [of one]† to be commissioner in these bounds whom by many assured proofs, former employments of greatest consequence, his majesty knew [to]† be attributed with all qualities necessary for so weighty a charge, who following precisely the rules of his majesty's most prudent directions and using all possible diligence and dexterity in prosecution thereof, made so happy progress in that good course as justly punishing the most perverse and rebellious ring leaders (whose amendment was desperate) and transporting others of them out of this isle, the rest were brought to very settled quietness and obedience of his majesty's laws, a very few number of outlaws only excepted, who being so earnestly searched and perceived in these bounds as all hope of escaping and longer impunity was taken from them, they have by most subtle and crafty means by changing their names and dissembling the place of their nativity convoyed themselves in the inland of this realm and insinuated themselves in service with noblemen and others of good quality, not only thereby eschewing their deserved punishment, but also abusing and harming his majesty's good subjects by their hidden thefts in the inland, transported, reset and quietly sold in the bounds of the late borders, and again stealing gear forth thereof and out of the bounds of these middle shires and outing and selling the same in the inland, beside that others of the said outlaws had been allured and had reset and oversight in the inland by some men of rank and power, to be instruments and executors of such revenge and mischief against those to whom they bear malice, grudge or quarrel, which for fear of his majesty's laws and authority they dare not attempt by themselves; for remedy whereof, his majesty, with advice and consent of the estates of parliament, statutes and ordains that no man shall hereafter either receive or retain any man born or long inhabited in the late borders in his service or company or upon his lands unless he have certain knowledge or a true and authentic testimonial of his majesty's great commissioner of the late borders or his deputes of the said border man's true name and surname, place of his nativity and report of his truth and loyalty, and that he is no known malefactor but reputed a dutiful and obedient subject, under the pain to incur the danger and to be made answerable, civilly and criminally, to his majesty and all his lawful subjects for all actions and crimes which might be in any way laid to the charge of the said broken men for any cause or occasion either preceding or during the time of their receiving or retaining them in their service, company or upon their lands as if the resetter had committed the said faults themselves. As likewise, because some who are not known to have committed any heinous offence in their own person obtaining testimonial of their name, birth and good report may give the same to broken men to be used by them in places where they are not known, it is statute and ordained that whosoever shall either give his testimonial to any man whereby it may be abused by another than him to whom it was truly granted, or who shall falsely use another man's testimonial or who shall forge to himself or use a false testimonial in the premises, shall be punished to the death. And to the effect his majesty's faithful and obedient subjects may have the better knowledge of the said fugitives and broken men, and that such as reset them may want all pretext and excuse of ignorance, it is statute and ordained that a roll shall be made by his majesty's great commissioner of the said middle shires containing the names of the said rebels, fugitives, outlaws and broken men, with the most notorious and evident marks and description of their age, stature, colour and other tokens whereby they may be most easily and readily known, and being imprinted shall be sent to the sheriffs and magistrates of the inland and proclaimed at the market crosses of the head burghs of the shires and other places needful, and thereafter be publicly affixed upon the said crosses or tolbooths of the said burghs, after which publication it is statute that the contraveners of this act or any head or article thereof shall be rigorously punished in their persons and goods in manner foresaid.
[1609/4/30]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament, having for just and necessary respects concerning the preservation of this estate and chief members thereof restored the bishops, being now the only remainder of the kirk estate having vote in parliament, to their livings, jurisdiction and place, and finding by experience that they will be altogether unable worthily to discharge their duties in that honourable rank unless they be provided of sufficient maintenance, not only for bearing of the private charges of their families but also to sustain the great burden of their weighty employments at parliaments, conventions and other public affairs concerning his majesty's service and general well of the country, have earnestly dealt with the lords of his majesty's council and session to consent that the quots of the whole testaments within this kingdom which did justly pertain to the said session by lawful gifts and dispositions thereof granted to them by his majesty and his predecessors, and ratified in parliament, might be conveyed to the said bishops, every one of them within their own diocese, and be possessed by them in time coming, whereunto the said lords of session, preferring their affection and zeal in every way to grant satisfaction to his majesty to their own profit and present surety, have most humbly yielded. And his majesty, being always of mind and intention to remunerate his said faithful, trusty and obedient councillors and their successors for their willing obedience to his majesty's desire in demission and renunciation of the said quot silver, they being the only ordinary supreme judges of this realm for administration of justice and maintenance of policy and peace within the same, which necessarily requires their daily and continual presence and attendance, [preferring]† the public good and well of the realm in the administration of justice indifferently to his majesty's lieges to their own private and domestic affairs, and in the meantime are forced to spend their own patrimony and rent in the said public well of the realm; and his majesty, having now by his special instructions proposed to the said estates of parliament the said great and faithful services done to his highness and for the common welfare of the realm of Scotland, in particular by his said trusty and familiar councillors, the said senators and lords of his highness's college of justice, in yielding and granting to his highness's special desire to surrender from them and give over the said quot silver of the testaments, being the most and best part of their patrimony, to and in favour of the said archbishops and bishops of this realm for the help and supply of their estate as is before said; and the said estates of this present parliament, having thereupon taken full trial and verification, they have found, tried, censured and judged, likewise they presently find, censure and judge the same to be and to have been great, evident, reasonable and profitable causes for the well of his majesty and of the said realm of Scotland. As also his highness and estates foresaid find, decree and declare that his majesty, with their advice and consent, may for the said evident, profitable and reasonable causes which they have tried and known to be for the evident well of his majesty and realm as said is, give, assign or convey any part of the patrimony of his majesty's annexed property of the crown to the said ordinary lords and senators of the said college of justice and their successor senators of the college of justice in recompense to them of the said quots of testaments surrendered by them and given over at his majesty's desire and command to and in favour of the said estates of bishops, and that in such manner, form and sure conditions as his majesty best pleases for their security; and to that effect that the annexation of these parts of the said patrimony of the crown that are to be assigned and conveyed to the said lords and ordinary senators of the said college of justice and their successor senators shall be simply dissolved from the crown so that they may be given, assigned and conveyed to the said ordinary lords and senators of the said college of justice and their successor senators perpetually in all time coming, and the said estates, being ripely and gravely advised what his majesty may give and convey to the said lords and senators and their successors with the least detriment to his highness's crown and yearly rent, the said estates all in one voice have found and declared and, by the tenor hereof, find and declare that the customs of this his highness's realm of Scotland, annexed to the crown, may with the least detriment to his majesty or hurt to the rent or revenue of the crown, for the evident causes above-expressed, be given, assigned and conveyed by his majesty to the said ordinary lords and senators of his highness's college of justice and their successor senators in most ample form; and to that effect, his majesty and estates foresaid of parliament dissolve, annul and infringe the annexation of the customs of this realm of Scotland to the crown from the said crown and patrimony thereof, in so far as the same may be extended to the sum of £10,000 of the first, readiest, most sure and best payment of the said customs only. And now, after the said dissolution, his majesty and estates foresaid of this present parliament have given, granted, assigned and conveyed and by the tenor hereof, for the evident causes foresaid, give, grant, assign and convey to the said ordinary lords and senators of his highness's college of justice and their successors, possessing the ordinary places of the said judicatory and college of justice perpetually in all time coming, all and whole the sum of £10,000 usual money of Scotland in recompense to them of the said quot silver of testaments given over by them at his majesty's desire for the support of the said estate of bishops, to be taken up, uplifted and received by them and their collectors to be appointed by them in their names yearly at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by even portions, out of the readiest and best payment of his majesty's customs of the said realm of Scotland or any part thereof from his majesty's comptrollers, tacksmen, possessors and intromitters with the said customs, and others due in payment thereof, now present and that shall happen to be for the time, to be distributed amongst them in such form as heretofore they were accustomed in dividing of the said quot silver, beginning the first term's payment at the said feast and term of Martinmas next in this instant year of God 1609, and so forth yearly and termly thereafter at the terms foresaid perpetually in all time coming, charging therefore the said comptroller and tacksmen, possessors and intromitters with the said customs of the said realm of Scotland or any part thereof, and others due in payment of the same, now present and that shall happen to be for the time, to readily answer, content, obey and make thankful payment of the foresaid yearly sum of £10,000 yearly money foresaid to the said ordinary lords, senators of the said college of justice and their successors and their collectors in their names, out of the readiest and best payment of the said customs, and that they be preferred in payment thereof to all and whatsoever other person or persons pretending right to the said customs or to any part thereof by pension, assignation, gift or other right or disposition whatsoever, beginning the first term's payment of the same at the said feast and term of Martinmas next, and so forth yearly and termly thereafter at the terms foresaid perpetually in all time coming, which shall be thankfully allowed to the payers, they taking the said lords', senators' or collectors' acquittances and discharges to show upon account for their warrant in the exchequer. And also his majesty and estates foresaid of this present parliament command the lords auditors of the exchequer, present and to come, to allow to the payers of the said sum of £10,000 yearly and termly in the first end of their account upon the sight of the said lords' and senators' or their said collectors' acquittance upon the payment thereof, this act being always shown and produced in exchequer. And also his majesty and estates foresaid of this present parliament decree and ordain [Sir James Hay of Kingask], his majesty's comptroller present, and his successors comptrollers for the time, as likewise the tacksmen of the said customs present and to come and intromitters therewith and due in payment thereof, to become acted themselves and to send sufficient caution and guarantee acted in the books of council and session for thankful payment of the foresaid sum of £10,000 to the said ordinary lords and senators of the said college of justice and their successors yearly and termly at the terms foresaid in all time coming, and at the decease or demission of the said comptroller or tacksmen that the new entrants shall become acted to the effect foresaid of new, and that caution be found by the said comptroller and tacksmen at the setting of the said tacks to the effect foresaid, otherwise the said tacks to be null and the nullity thereof to be decided by way of exception or action at their pleasure; and that letters and executorials of horning simply may be directed upon a simple charge of 10 days against them by deliverance of the said lords and senators of the college of justice for payment of the foresaid sum of £10,000 yearly and termly at the terms foresaid. And his majesty and estates foresaid decree and ordain that no suspension shall be granted for suspending of the said letters at the instance of whatsoever party or person due in payment of the foresaid sum in any time coming, for whatsoever cause or reason, by the lords of parliament nor by the lords of exchequer or other judges whatsoever, except upon consignation of the sums wherewith they are charged or upon the production of sufficient acquittances of the payment thereof, and that the said ordinary lords and senators of the said college of justice are and shall be only judges ordinary for discussing of the said suspensions, discharging all other judges whatsoever of all granting of suspensions in any cause concerning the premises and discussing of the same by any manner of way and of their offices in that part forever. And to the foresaid disposition and assignation of the foresaid sum of £10,000 to be paid yearly and termly out of his highness's customs foresaid, first, readiest and best payment of the same to the said ordinary lords and senators of the said college of justice and their successors foresaid, perpetually in all time coming as is above-expressed, his majesty and estates foresaid of parliament have interposed and interpose their consent and authority as that deed which shall be now and in all time coming esteemed and judged for the well of our sovereign lord and for the common welfare and estate of the realm of Scotland. And his majesty, for his highness and his successors, promises in the first word never to impugn nor quarrel the same, nor come in the contrary hereof directly nor indirectly in any time coming.
[1609/4/31]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, being most desirous that all the vacant kirks within his kingdom may be planted with qualified and worthy men, and that those who are already provided to benefices lawfully vacant at the time of their provision and who have obtained decreet according thereto, with lawful and peaceable possession following thereupon, may be maintained therein, and specially that the restitution of forfeited persons pretending themselves patrons of benefices, either by his majesty's gracious favour, pardon or rehabilitation or by reduction of their forfeitures, shall not be the occasion to subvert the estate of those who obtained lawful provision of any of the said benefices by presentation or gift of the king's majesty or others to whom his majesty conveyed the right of patronage thereof during the forfeiture standing of the other pretended patron, whose crime could neither be any reason to make the vacant benefice not to be conveyed, neither should his restitution or reduction be an occasion to trouble the titular thereof, seeing the sleight or negligence of a lawful patron and faithful subject not presenting within six months to the vacant benefice whereof he is patron makes him for that time to lose his right of patronage, which, by right of devolution falling to the kirk, the person provided by them has undoubted right thereto during his lifetime; and therefore his majesty, with the advice and consent of the estates of parliament, statutes and ordains that all those who are either already provided or shall hereafter be provided by his majesty to any of the said benefices whereof the patronage is fallen to his highness by forfeiture, or by any other to whom his majesty has conveyed the right of patronage of any such benefice, and by virtue thereof have obtained letters according to their provision, with lawful and peaceable possession of the fruits thereof by the space of diverse years, that all such persons shall be maintained in their said right and possession of the said benefices and fruits thereof during their lifetime and shall in no way be quarrelled, troubled nor molested by the said forfeited persons or their heirs, successors or posterity, being rehabilitated, restored or their forfeitures reduced, nor by no other persons having right, disposition or presentation from them, but that the said beneficed persons during the said forfeiture, and by virtue thereof become in possession of the said benefices in manner above-written, shall peaceably enjoy, hold and possess the same benefices, whole fruits, rents, rights, commodities and privileges thereof as freely, peaceably and righteously as if the said patrons had never been forfeited and had lawfully presented themselves, without prejudice to the said patrons being restored and their heirs and successors to recover their right of patronage of the said benefices and to use and exercise the same by due and timeous presentation of able and qualified persons to the said benefices whereof they are patrons whensoever they shall become vacant by demission or decease of the present titulars and no otherwise.
[1609/4/32]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of parliament ratify, approve and perpetually confirm the act of secret council made in the month of June or thereby 1603, and proclamation following thereupon, commanding the vagabonds, sorners and common thieves commonly called Egyptians to pass out of this kingdom and remain perpetually forth thereof and never to return within the same under the pain of death, and that the same have force and execution after 1 August next, after the which time if any of the said vagabonds called Egyptians, as well women as men, shall be found within this kingdom or any part thereof, it shall be permissible to all his majesty's subjects, or any one of them, to cause take, apprehend, imprison and execute to death the said Egyptians, either men or women, as common, notorious and condemned thieves, by an assize only, to be tried that they are called, known, reputed and held Egyptians, in the which cause whosoever of the assize happens to challenge† any of the foresaid Egyptians accused as said is shall be pursued, handled and censured as committers of wilful error; and whosoever shall at any time thereafter reset, receive, supply or entertain any of the said Egyptians, either men or women, shall lose their escheat and be warded at the judge's will, and that the sheriffs and magistrates in whose bounds they shall publicly and avowedly resort and remain be called before the lords of his highness's secret council and severely censured and punished for their negligence in execution of this act, discharging all letters, protections and warrants whatsoever purchased by the said Egyptians or any of them from his majesty or lords of secret council for their remaining within this realm, as surreptitiously and deceitfully obtained by their knowledge, annulling all such warrants purchased or hereafter to be purchased by any subject of whatsoever rank within this kingdom for their reset, entertaining or doing of any manner of favour to the said Egyptians at any time after the said 1 August next for now and ever.
[1609/4/33]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament ratify and approve the commission given upon 4 April 1603 by his majesty to the lords of his majesty's secret council to receive resignations of land held of his majesty and give infeftments thereupon, and decree and declare all and whatsoever resignations made since the date of the said commission according thereto in the hands of the lords of his highness's privy council, and all infeftments proceeding thereupon, orderly passed his highness's cachet, registers and ordinary seals, together with all confirmations granted by his majesty's ordinary officers of infeftments of any lands pertaining to his majesty's faithful subjects, which confirmations are likewise lawfully and orderly passed his majesty's cachet and remnant seals and ordinary registers, together with all and sundry infeftments and confirmations to be hereafter passed and complete upon the like resignations in the hands of the lords of his majesty secret council and orderly passed through his majesty's seals and registers, to have been and to be now and in all time coming as lawful, valid and sufficient in judgement and outwith as if the said resignations had been made in his highness's own hands and had been received by his highness, and as if the signatures of the infeftments following thereupon and of the said confirmations had been signed and subscribed with his own royal hand.
[1609/4/34]*[print] [email] [cite] [preceding] [following]
Forasmuch as by the act of parliament made at Perth in the month of July 1606, it was then statute and ordained in all time coming that all decreets given by sheriffs, commissaries, bailies of regalities, bailies of bailiaries and stewartries, should pass and have execution of horning upon 10 days' warning, as at more length is contained in the said act, wherein there was the time of the passing thereof omitted and not expressed therein the decreets to be given by the admiral of this realm and his deputes, which being a sovereign judicatory in itself and of its own nature importing summary execution, our sovereign lord and estates presently convened, in consideration that the insufficiency, corruption and defects which were in the deputes and members of those courts in former times, and whereby those judicatories were thought not worthy of that favour is now remedied and well amended by the planting of able, worthy and sufficient men in their places, have enacted, statute and ordained that also execution of horning pass upon all decreets to be given by the said great admiral and his deputes in time coming as upon any of the said sheriffs', commissaries' or other inferior judges' decreets according to the said act of parliament made relating thereto of before.