[1617/5/15]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, for good and solid order to be kept in all time to come for election of archbishops and bishops, statutes and ordains that all who shall be hereafter promoted to any archbishopric or bishopric within this realm shall be elected and admitted according to the form and manner undermentioned and no other way: that is to say, when it shall any of the sees to be made void, his majesty's pleasure is to grant licence to the dean and chapter of the cathedral kirk of the see to convene themselves for electing of another archbishop or bishop in place of the former incumbent, and the said licence being issued, an edict shall be affixed upon the most patent door of the cathedral kirk requiring and charging the dean and chapter of the said kirk to convene themselves for choosing of a bishop to the same, who shall be devoted to God and to his highness and realm, profitable and faithful; who being convened, the dean of the said chapter, with so many of them as shall happen to be assembled, shall proceed and choose the person whom his majesty pleased to nominate and recommend to their election, he always being one actual minister of the kirk, and shall elect none other than one actual minister to be so nominated and recommended by his majesty as said is. After the which election testified under their seals and subscriptions, his majesty's pleasure is to give his royal assent thereto. And the same being granted under his majesty's great seal, shall be to the person elected a sufficient right for enjoying the spirituality of the benefice to which he is elected during his lifetime. Upon which assent, and his highness's mandate to be directed to a competent number of bishops within the province where the benefice lies, the person elected shall be consecrated and received in his function by the rites and order accustomed. And the said consecration being made, his majesty's pleasure is to convey to the person elected the temporality of the said benefice with all privileges, honours and dignities belonging thereto. And the same grant being passed under his majesty's great seal, then shall the person admitted do homage and swear obedience to our sovereign lord according to the form prescribed. Neither shall it be lawful to the person admitted to intromit with any of the fruits and rents of the said benefice until he has performed the said homage and given the oaths of allegiance and fidelity to his majesty or his highness's commissioners to be appointed for that effect. And for the better observing of the order in all time hereafter, our sovereign lord and three estates inhibit and discharge the lords of council and session to authorise by their decreet and sentence the provision of any bishop to be admitted hereafter, except that it be testified that he is received and entered according to the said order in all points.
[1617/5/16]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, considering how necessary it is that the dean and members of chapter of every cathedral kirk be at all occasions ready to convene themselves for the election of archbishops and bishops to their several sees, and for issuing of particular rights made to the lieges to which their consent by the laws of the realm is required, and that for supporting of the charges of their service and enabling them the better to attend at such occasions it is most needful that they be restored to their manses, glebes, rents and livings belonging to them of old, have statute and ordained that all the deans and other members of the chapters of the cathedral kirks within this kingdom shall be restored to their manses, glebes, rents and other patrimony belonging to them. And to that effect, his majesty, with advice of the said estates, dissolves from the crown and patrimony thereof the foresaid manses, glebes, rents and duties formerly annexed, to the effect the same may be hereafter enjoyed and peaceably possessed by the ministers that are, and hereafter shall be, provided thereto, without prejudice always of the feus, tacks, pensions and other rights lawfully made of whatsoever manses, glebes, lands and teinds of any part of the said chapter kirks to the parties having right to the same, and likewise without prejudice to lay patrons of their patronages granted to them by the king's majesty with consent of the titulars for the time, albeit the same be not ratified in parliament, which shall in no way be prejudiced by this present act; and with express reservation of the rights of the priory of St Andrews, now erected in a temporal lordship, in favour of Ludovic [Stewart], duke of Lennox and his heirs, which shall remain in the own strength and integrity notwithstanding of the act of restitution above-written and any thing therein comprehended; and also with reservation of the house and place of Hamilton, buildings, orchards, yards and whole pertinents of the same in so far as the same or any part thereof pertained of before to the deanery of Glasgow, which his majesty and estates reserve out of this present act to his trusty cousin James [Hamilton], marquis of Hamilton and his successors, to be held of his majesty and his highness's successors as their immediate superiors thereof for ever; and without prejudice to the burgh of Edinburgh of whatsoever rents, profits, tenements, annualrents, teind sheaves and other commodities given, granted and conveyed to them for maintenance of their hospitals, college and ministry; and likewise without prejudice of whatsoever teinds, feu mails and annualrents which pertained of old to the said chapters in common or to any prebendar in particular conveyed by his majesty to any colleges within the university of St Andrews, masters or bursars thereof, which his majesty, with advice of the estates, declares shall not be prejudiced by this present act, and also according to the restrictions, exceptions and limitations conceived in favour of feuars, tacksmen and others having right particularly set down and expressed in the second act of his majesty's eighteenth parliament concerning the restitution of the estate of bishops, which restrictions, exceptions and limitations are held as repeated and expressed in this present act. And to the effect that all such persons who are, and have been, tenants and vassals to deans and other members of cathedral kirks may be in certainty and know by whom they should be entered and received in the lands and others held by them of the said dean and members or any of them, therefore it is statute and ordained by our sovereign lord and estates that when any such occasion shall offer of receiving or entering of vassals or of changing of tenants who comes in the vassals' places, either by alienation of the vassals or comprising from him or by any other lawful manner, the direct superior of whom the said vassal immediately shall be astricted and held to do the same and to enter all such persons by himself (they doing their duty to their superiors as appertains), in the which case our sovereign lord and estates declare the consent of the prelate or remaining members of his chapter to be in no way necessary to the said entry or changing of tenants. And because the priory of St Andrews is now erected in a temporal living and lordship, the prior whereof in former times was always dean of the chapter of St Andrews, the canons thereof were the members of the said chapter which are now all abolished, to the effect they be not wanting a chapter to the said kirk, our sovereign lord, with advice foresaid, declares that the ministers serving the cure at the kirks underwritten present and to come shall be esteemed the chapter thereof: they are to say the prior of Portmoak, who is principal in St Leonards College and dean of the chapter, the archdean of St Andrews, the vicar of St Andrews, the vicar of Leuchars, the vicar of Cupar, the provost of Kirkhill, the parson of Dysart, the vicar of Forgund, the vicar of Inchture, the vicar of Kinnaird, the vicar of Fowlis, the vicar of Ecclesgreig, the vicar of Rossie, the vicar of Linlithgow, the vicar of Scone, the vicar of Fordoun, the vicar of Forgan in Fife, the dean of Restalrig, the dean of Dunbar, the vicar of Kettle, the vicar of Kennoway, the vicar of Markinch, the vicar of Falkland and the vicar of Abercrombie, being all 24 persons, which persons shall have the administration, doing and performing of the affairs belonging to the said bishopric and for the benefit of the said cathedral kirk which was done before by the prior and his canons. And concerning the election of the archbishop of the said see, whensoever the same shall hereafter become vacant, our sovereign lord, with advice foresaid, declares, statutes and ordains the said archbishop to be elected by eight bishops of his diocese: they are to say the Bishop of Dunkeld, the Bishop of Aberdeen, the Bishop of Brechin, the Bishop of Dunblane, the Bishop of Ross, the Bishop of Moray, the Bishop of Orkney and the Bishop of Caithness, and by five ministers serving the cure of the kirks underwritten: namely, the principal of St Leonards College, the archdean of St Andrews, the vicar of St Andrews, the vicar of Leuchars and the vicar of Cupar, which bishops and ministers, or the most part of them, shall have power in all time to come to elect the archbishop whenever the see shall become vacant and shall remain hereafter the chapter appointed by our sovereign lord and estates for the election foresaid, the vicar general for convening of the which electors our sovereign lord and estates declare to be now, and in all time coming, the Bishop of Dunkeld who shall happen to be for the time. And likewise our sovereign lord, with advice of his estates, declares, statutes and ordains that the Archbishop of Glasgow, whensoever that see shall become vacant, shall be elected by the three bishops of his diocese, namely: the Bishop of Galloway, the Bishop of Argyll, the Bishop of the Isles being for the time, and by his ordinary chapter, or the most part of them, the Bishop of Galloway being always convener of the said electors to the said election, which persons shall have power only in the said election, seeing it is the express will and ordinance of his majesty and estates that the old and ordinary chapter of Glasgow and the other chapter above-written appointed for the see of St Andrews as said is shall have the only administration of those things concerning the affairs tending to the benefit of their cathedral kirks and belonging thereto as the old chapter formerly had, and these other chapters before-mentioned appointed only for election of the said archbishops shall in no way be derogatory to the other ordinary chapters established for the handling of the affairs of their sees in manner above-written.
[1617/5/17]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, considering that there be diverse kirks within this kingdom not planted with ministers, through which ignorance and atheism abound amongst the people, and that many of those that are planted have no sufficient provision nor maintenance appointed to them, whereby the ministers are kept in poverty and contempt and cannot fruitfully travel in their charges; considering also that no thing is more properly belonging to his princely care than to see to the good estate of the kirks within his dominions out of that zeal which his majesty bears to the promoting of the kingdom of Christ; and for a perfect remedy of these evils, with advice and consent of the estates of parliament, has granted full power and commission to the lord chancellor for the time and to the reverend fathers in God John [Spottiswood], archbishop of St Andrews, James [Law], archbishop of Glasgow, Alexander [Lindsay], bishop of Dunkeld, Alexander [Forbes], bishop of Aberdeen, Alexander [Douglas], bishop of Moray, Patrick [Lindsay], bishop of Ross, Adam [Bellenden], bishop of Dunblane and William [Couper], bishop of Galloway, eight persons nominated for the clergy and prelates, and in case of the death of any of them, to Andrew [Lamb], bishop of Brechin, George [Graham], bishop of Orkney, Andrew [Boyd], bishop of Argyll and John [Abernethy], bishop of Caithness, which four persons his majesty and estates have nominated to supply and become in the place of any of the other eight foresaid if any shall happen to die before this commission be finished, namely: the first of the four in place of the first of the eight dying, and so in order successively as they are named; and to John [Erskine], earl of Mar, lord treasurer, James [Hamilton], marquis of Hamilton, James [Hamilton], earl of Abercorn, William [Murray], earl of Tullibardine, Robert [Ker], earl of Roxburghe, John [Maitland], viscount of Lauderdale, Thomas [Hamilton], lord Binning and David [Carnegie], lord Carnegie [of Kinnaird], eight persons nominated for the nobility, and in case of any of their deaths, to Alexander [Elphinstone], lord Elphinstone, nominated to become in the place of the first deceasing, Alexander [Montgomery], earl of Eglinton, in the second, John [Drummond], earl of Perth, in the third, and John [Elphinstone], lord Balmerino in the fourth; and to the commissioners underwritten nominated for the barons, namely: William Douglas of Drumlanrig, Sir Walter Dundas of that Ilk, Sir James Haliburton of Pitcur, Sir John Hamilton of Lettrick, Sir John Vans of Barnbarroch, Sir Andrew Murray of Balvaird, Sir Alexander Gordon of Cluny and to Sir George Auchinleck of Balmanno, and in case of any of their deaths, to Thomas Urquhart, sheriff of Cromarty, Sir Alexander Strachan of Thornton, Josias Stewart of Bonytoun and Sir Robert Stewart of Shillinglaw, persons nominated to become in order as they are named in places of any of the eight deceasing; and to James Arnott, burgess of Edinburgh, Master Alexander Wedderburn [of Kingennie], clerk of Dundee, Sir Thomas Menzies [of Durne], provost of Aberdeen, John Shearer, burgess of Stirling, Andrew Milne, burgess of Linlithgow, John Osborne, burgess of Ayr, John Mackieson, clerk of Crail, and Sir George Bruce of Carnock, knight, burgess of Culross, eight persons nominated for the burghs, and in case of any of their deaths, to Alexander Clerk [of Stenton and Pittencrieff], merchant burgess of Edinburgh, Master William Ferguson, burgess of Dundee, George Nicolson, burgess of Aberdeen, and John Williamson, clerk of Stirling, persons nominated to supply in order any of the other eight commissioners foresaid deceasing, which foresaid commissioners, or any five of each estate nominated as said is, consenting and agreeing in one voice, shall have power to convene, consult and to determine upon the matters and in manner underwritten, providing always that there is, and shall be, necessarily requisite to the validity of any act, conclusion, ordinance and determination of the said commissioners, the conjunct assent of five of every one of the said four estates all agreeing together in one voice, without which consent of the said five of each estate so agreeing, the rest of the said commissioners shall have no power to make any valid or effectual conclusion by virtue of this present commission, but whatsoever shall be otherwise done is declared to be of no value, force nor effect. That is to say, our sovereign lord and estates of parliament, by the tenor hereof, give, grant and commit full power and authority to the said commissioners to meet and convene in the town of Edinburgh at such time and times as they shall appoint and find convenient, and there to call and summon before them all patrons and tacksmen of teinds, great and small, and all others having right by whatsoever title to the teinds within this kingdom as they shall think necessary and expedient, to exhibit and produce before them their rights and titles whereby they claim the said teinds, to be seen and considered by the said commissioners, with power to them out of the said teinds of every parish to appoint and design at their discretion a perpetual local stipend to the minister present and to come at all kirks that shall be found by them either as yet not provided at all with ministers and stipends or where the provision is less than 500 merks in yearly rent of money or five chalders of victual (by manse and glebe) or such proportion particularly of silver and victual as will be fitting and extend to 500 merks or five chalders of victual yearly, and which is the least and meanest stipend and provision determined, appointed and declared by his majesty and estates to be given and assigned to any minister for his local stipend in time coming where the fruits of the benefice will extend to that quantity in manner underwritten, and that notwithstanding of any right or title pretended by the said tacksmen or others in whose favour teinds have been erected; with special power also to the said commissioners to unite such kirks, one or more, as may conveniently be united where the fruits of any one alone will not suffice to maintain a minister; in the which case of union of such kirks, if it fall out that necessity offer to unite kirks belonging to presentation of diverse patrons, the presentation of the ministers shall be appointed by the said commissioners to pertain to the patrons by alternate turns, to the which commissioners his majesty and the estates does recommend and refer to consider and appoint farther such solid order as may be most conveniently taken and stand with the least prejudice of any of the patrons and as they shall be found to have more or less interest in the kirks to be so united. It is always provided that where† there are diverse kirks whereof the fruits of any one will not extend to the quantity of five chalders of victual nor 500 merks of silver in yearly commodity, and that the rents and whole patrimony thereof are in no way answerable to that proportion, and so is not sufficient alone for the full maintenance of one minister, and yet nevertheless, for distance of place or other lawful causes, may be found incommodious to be united, whereby necessity will evince that every kirk in that estate should be planted with their own particular minister to serve thereat, whose provision behoves necessarily to consist of the fruits of the benefice itself, however mean the same be; therefore it is declared that it shall be sufficient to the said commissioners in that case to assign and appoint to the minister to be planted at any such kirks the whole fruits pertaining to the patrimony thereof, over and above his manse and glebe, which fruits are to be enjoyed by him and his successors thereafter as their perpetual local stipend and provision. And to the end the said commission may take the better effect and for a solid order regarding the provision of the said kirks with their certain definite stipend, and that it may be clearly known what shall be the proportion and quantity of any stipend which shall be hereafter appointed to every minister at every kirk, either not provided at all or not sufficiently provided as said is, our sovereign lord and estates declare that the least and meanest stipend which they shall have appointed to be hereafter provided by the said commissioners to any minister shall not be under and within the quantity of five chalders of victual or 500 merks of money or proportionally part of victual and part thereof in money accordingly as the fruits and rents of the kirk may yield and afford and as the said commissioners shall think expedient and fitting to the said five chalders of victual or 500 merks money, over and above their manse and glebe, where the whole fruits of the kirk will extend to the quantity foresaid; and that the greatest and most stipend which the said commissioners shall have power to assign for stipend to any minister at any of the said kirks either not planted or planted and provided with stipends within and under the said five chalders of victual or 500 merks money as said is shall not exceed the quantity of ten chalders of victual or 1,000 merks of money and proportionally part of money and part of victual at the consideration of the said commissioners as they shall find by examination of the rents of the kirk most conveniently may be paid, over and above their manse and glebe, so that the greatest shall be 1,000 merks or ten chalders of victual with manse and glebe, and the least 500 merks or five chalders of victual with manse and glebe, except where the whole fruits of the kirk will not extend to that quantity as said is; and find and declare that all kirks which are planted with ministers whose stipends extends to five chalders of victual or 500 merks of silver or part of both appropriate to the whole by their manse and glebe (the same being made sure to them) are expressly excepted out of this commission and in no way come under the compass thereof; neither shall the said commissioners have any power by virtue hereof to meddle with any kirks or stipends which are in that case, seeing that the said commission is not extended to the same. It is also provided that where any kirks are sufficiently provided already albeit their provision does exceed the foresaid quantity of ten chalders of victual or 1,000 merks of money, and also where the fruits of any benefice are in the possession of the minister, that the same shall be continued in the estate wherein it is at the present and not to be meddled with by virtue of the said commission. And because reason and equity craves that recompense should be made to the tacksmen and other persons whatsoever who shall be by the sentence of the said commissioners hurt and prejudiced of their present profit which they may lawfully possess by virtue of their titles and rights established in their persons, and upon whom by virtue of the said sentence any burden of the sustentation and provision of the said kirks and ministers is to be imposed, therefore our said sovereign lord and estates of parliament gives full power and commission to the said commissioners so to proceed in the determining of the said recompenses, that in case the lord or any other having right to erected prelacies who shall be cited before them refuse to take the burden of plantation of any kirks belonging to the said erected prelacies which are not planted or to help such other kirks of the same as are not well and sufficiently provided according to the tenor of the foresaid commission, and that upon their refusal (the said refusal being first found reasonable by the said commissioners), the burden of the said plantation or further provision shall be laid and imposed by the said commissioners in whole or in part, either upon the principal tacksmen of any of the fruits of the said kirks or, in case the tacksmen refuse the burden be imposed upon the subtacksmen thereof, the said commissioners shall have power to determine, appoint and ordain such particular recompense to be given to the said tacksmen or subtacksmen by renewing of their tacks or subtacks after the expiring thereof upon such conditions as the said commissioners shall find reasonable, respect being had to the quality and proportion of the burden to be imposed upon them within the time of their tacks and rights further than they are astricted by their said rights, or be appointing such other reasonable satisfaction as they shall find the said burden and distress undergone by any of them shall deserve and require. Likewise the said commissioners shall have such power to determine, decree and appoint such particular satisfaction and recompense to be given either to lay patrons or to the tacksmen of the fruits of the kirks belonging to the lay patronages and subtacksmen thereof as they shall think may be answerable to the burdens to be imposed upon either of them for the cause above-written proportionally. In the prescribing of the which recompense, the said commissioners shall have special respect what consideration they find reasonable to be given to the said patrons for their consents to the tacks, if any shall be appointed and determined to be set and given to the said tacksmen for recompense foresaid; and if any beneficed person upon just and reasonable causes refuses to provide any kirk belonging to their benefice according to the order hereby prescribed, whereby the burden of plantation or further provision of the kirk must necessarily lie upon the tacksmen or subtacksmen of the fruits thereof, the said commissioners in that case also shall determine such recompense to be given to the said tacksmen and subtacksmen for their loss and prejudice sustained as the said commissioners shall find the same shall merit be renewing of tacks to them upon such conditions as may repay their loss, or by finding out some other reasonable means which may repair the same. And our said sovereign lord, with advice and consent of the said estates, declares, statutes and ordains that all tacks which shall be determined by the said commissioners to be given in recompense to any person whatsoever for the causes above-written and which shall be set for obedience and according to the said decreet and sentence whatsoever years and long space† the said tacks shall comprehend, shall be good, lawful and sufficient securities to the persons in whose favour the same are appointed to be given and conceived; neither shall the same be in any way prejudiced by the act made in this parliament, by the which it is statute that no archbishop, bishop or prelate should set in tack any part of their patrimony for longer space than 19 years, and that no inferior beneficed person shall set in tack any part of their benefice for longer space than their own lifetimes and five years thereafter, as the said statute purports. From the which statute the said tacks so appointed to be set and given in recompense are and shall be excepted and reserved and shall in no way come under the compass of the said act and statute nor in any thing therein contained, but the same shall remain and abide valid and sufficient rights for whole space and years appointed therein according to the tenor thereof,† notwithstanding of the said act and statute. And because it may fall out that in the recompense to be appointed by the commissioners to the patrons, tacksmen and subtacksmen for the foresaid burden to be imposed upon them, more years may be assigned for prorogation of their present tacks than may lawfully and conveniently be set by the present beneficed persons to whom by law the setting of tacks of teinds belongs, for remedy whereof, our sovereign lord, with advice and consent of the said estates, declares, statutes and ordains that it shall be lawful to the commissioners foresaid to appoint as many years after the expiring of the present tacks to the tacksmen of the said kirks and teinds to the patrons or subtacksmen respectively for possessing of the said teinds for recompense of the said burden as they shall think reasonable, which shall be as good, valid and sufficient rights to the said patrons, tacksmen and subtacksmen respectively and to their heirs and assignees for holding, possessing and conveying of the said teinds during the said years of prorogation as if good, lawful and valid tacks and rights of the said teinds had been set and made to them by the titulars of the benefices to whom the same belonged, with consent of all parties having interest, with express provision and declaration that at the expiring of the said years the right of the said teinds and power to set tacks thereof shall return and appertain to the said titulars of the foresaid benefices as they did before the making of this present act. And our said sovereign lord, with advice of the said estates, declares and ordains this commission to last and endure to the feast and term of Lammas [1 August] in the year of God 1618, after the which time the same shall cease and expire; and ordains the decreet and sentence of the said commissioners in all the particulars foresaid, and every one of them, to have the strength, force and authority of a decreet, sentence and act of parliament; for obedience whereof, the lords of session shall direct and grant letters in the appropriate form and accordingly as shall be necessary. Which commission above-written, taking force and full effect in all the said particulars therein contained as the same are set down and comprehended therein by pronunciation of decreet and sentence upon the same, according to the power therein comprehended given to the said commissioners, our sovereign lord, with the express consent and assent of the estates in that case, finds and declares that no person in whose favour the teinds of kirks and benefices are erected, nor no other whatsoever possessing teinds by virtue of rights lawfully made to them of the same according to the laws of this realm then standing, shall be ever further altered or quarrelled in any of their said rights in any time to come further than shall be appointed by the said decreet and sentence to follow this present commission, but the said rights and securities in case foresaid shall remain in the own strength, force and effect as good, lawful and sufficient rights and securities to them and every one of them for their own parts for possessing and enjoying the said teinds according to the tenor of the said rights for now and ever.
[1617/5/18]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, statutes and ordains that no archbishop, bishop or other prelate within this realm shall hereafter set in tack and assedation any part of their patrimony for longer space than 19 years, and that no inferior beneficed person shall set in tack any part of their benefices for longer space than their own lifetimes and five years after their death, under the pain of deprivation of the persons contraveners from their offices and benefices and to be repute from that time forth infamous and incapable of any public function in the kirk. And for the better discovering of the tacks that shall be set by inferior beneficed persons for longer space than is above-written, it is ordained that all the tacks that shall hereafter be set by any of them for longer space than is before-mentioned shall be registered in a book which the clerk register shall keep for that effect, within the space of 40 days after the setting of the same tack, otherwise the said tack so set for longer space shall be null and of no effect to the tacksmen thereof by way of exception or reply without any other action, process or declarator of law; it is always declared that this statute shall in no way be extended to any tacks or subtacks or conditions for setting of tacks or subtacks for longer space than is above-written whereas the same depends and are made or appointed to be made, according to the commission granted by our sovereign lord, with advice of the estates of parliament, for plantation of kirks in manner as is specially set down in the said commission.
[1617/5/19]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, ratifies and approves the act of his highness's parliament held at Perth, 9 July the year of God 1606 regarding the dilapidation of the rents of prelacies, with this addition: whereby his highness and estates foresaid find, decree and declare all tacks or assedations to be made of any quots of testaments or any other casualty pertaining to the said prelates in time coming to be null and of no value, force nor effect, and that it shall not be lawful to any prelate within this kingdom hereafter to convey, alienate or set any of his casualties in whole or part longer than during his own lifetime only, without prejudice of the tacks (if any be) set before this act according to the law, to the which this act shall in no way be extended.
[1617/5/20]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, ordains that all the parish kirks within this kingdom be provided of basins and jugs for the administration of the sacrament of baptism, and of cups, tables and tablecloths for the administration of the holy communion, which shall be received to that use by the minister of the parish in such convenient place as he shall find fit, for which he and his heirs and executors shall be answerable to the parish in case the same be lost or otherwise used to any profane use; and ordains the expenses thereof to be made by the parishioners and the ministers of every kirk to do their diligence for providing the same by causing the parishioners stent and tax themselves to the effect foresaid between now and 1 February next under the pain of losing of one year's stipend. And for putting the said act into execution, ordains the lords of his majesty's council and session to give forth their letters for charging the parishioners to convene and tax themselves to the said effect and make payment of the money wherein they shall be stented as the same shall be required.
[1617/5/21]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament have ratified and approved and by the tenor hereof ratifies and approves the 34th act of his highness's 11th parliament 1587 entitled 'The penalties of absents from parliament' in the whole heads and clauses thereof after the form and tenor of the same in all points, with this addition: that the penalty of the commissioners of barons through their absence from parliament shall be £100 money; and declares that no excuse shall be received nor admitted hereafter for absence from parliament unless their licence be granted by his highness under his note and superscription, if his majesty be present within the realm for the time, and in his highness's absence, by his high commissioner of parliament; and in case of the said commissioner's absence, their licence to be granted and subscribed by the lord chancellor and lords of secret council to be produced judicially the first day of the fencing of each parliament to the clerk register and his deputes. And further declares that in time coming it shall be lawful to whatsoever duke, marquis, earl, viscount, lord or prelate within this realm being absent from the parliament and lawfully excused as said is to send a sufficient power subscribed with their hands to any one of that estate having place and vote in parliament, who shall be admitted to reason and vote in parliament and whole diets thereof for that person absent, such as and as freely in all respects as if he had been present himself; and ordains the said former with this present at each parliament to be executed with all diligence and the penalties therein mentioned to be uplifted to our sovereign lord's use by his highness's treasurer.
[1617/5/22]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, having considered the articles and instructions given of before by his majesty to the justices and commissioners appointed for keeping of his majesty's peace and to the constables, which were presented to his highness and to the said estates by the said justices and desired to be authorised by decreet and sentence of parliament, has ratified and confirmed the same in manner as they are here particularly set down and expressed in every point and article thereof, of the which the tenor follows: that is to say, the commissioners and justices of peace at their first admitting upon the bench shall give the oath following:
You shall swear that you as one of the commissioners and justice of peace within the shire of etc., according to your knowledge, wit and power, shall do equal right both to rich and poor according to the laws and customs of the land and statutes thereof; and that you shall not be of counsel with any person in any quarrel or matter depending before you. And that you shall every quarter keep the sessions or more often as you shall be required, not having any just impediment to the contrary, and shall faithfully and truly discharge your duty as a justice of his majesty's peace, and shall leave nothing undone that may tend to the preservation of the same, so help you God.
Any one justice shall have power upon complaint of any person being threatened and fearing to be wronged to bind the party complained upon under such a pecuniary sum to keep the peace as he shall think fitting; as also to commit him until surety be found by him, the said complainer always giving his oath before the justice that he has just cause to dread him harm. And albeit no person complain, yet if the justice be credibly informed of appearance of trouble between any parties, he shall bind them to the peace in manner foresaid, unless the parties declare upon their conscience that neither of them does bear any grudge to each other; and all such bonds shall be kept in record by him, and he shall make delivery of the same to the clerk of the peace at the next sessions to be kept and registered by him.
If any person being charged to make his appearance before a justice of peace and shall refuse or delay without cause, if the party be a landed gentleman whose rents exceeds ten chalders of victual or 1,000 merks of silver, then the justice whose command is contemned shall inform the same to some of the lords of his majesty's privy council, to the effect the party of the quality foresaid may be called and fined for his disobedience. And if the disobeyer be of a meaner degree, the justice shall hereby have power to command the next constable or, in absence of a constable, his own servant, or any other person having a warrant in writing subscribed by the said justice of peace, with assistance of the country, to bring any such party before him.
If either the sheriff or bailie shall condemn any person in a bloodwit or otherwise convict him in any pain proper for him to impose, the justice shall have no power of new to fine that offender for that offence; but if they shall not find him appropriately punished in regard of the offence committed by him, they shall then inform his majesty's council thereof that they may take order therewith. And if there be no satisfaction made by the sheriff or bailie to the party offended, the justices may modify a reasonable satisfaction to the party offended, he pursuing therefore before them. And if they shall find the satisfaction determined by the sheriff or bailie in favour of the said party offended not appropriate nor answerable to the offence and wrong sustained, then they shall also inform his majesty's council thereof that they may take order therewith as appertains.
If either sheriff or bailie or other deputes by collusion with the delinquent shall suffer any person guilty to be freed and cleared by an assize, the party once cleared is not to be brought further in question before the justices, but upon their information the judges are to be called, censured and severely punished by his majesty's council.
The said justices shall hereby have power to proceed upon all persons committing riots and breaking of the king's peace under the degree of noblemen, prelates, councillors and senators of the college of justice; and punish and fine according to the quality of the crime and the estate of the offender. And if any of the said persons being charged to compear before the said justice shall disobey, the summons being indorsed, the lawful citation verified and fact proven, the justices shall punish and fine the non-compearing according to the quality of the crime and the estate of the offender. And for the more clear determination of the order which shall be kept by the said commissioners in prosecuting of any such process, our sovereign lord, with advice of the estates, declares that it shall be lawful to the said justices, whensoever they have any occasion, to move any action against parties for committing any like fact or riot, to refer the first summons to the parties' oaths of verity (in case of lack of other lawful probation), who, being personally summoned by that first citation, shall be held as confessed and decreet to be pronounced against him according to the libel and summons. And if he be not personally summoned by the first citation, the said commissioners shall be held to cause summon him of new again by a second summons at his dwelling place, which two citations shall be as sufficient to infer decreet and sentence upon the libel against him as if he were apprehended personally, and which sentence given after the manner and form of probation above-written, his majesty, with advice foresaid, authorises and sustains as good and lawful in themselves. And concerning those persons of higher degree, the said commissioners shall use all their power for preventing and staying of the riots, commanding the attempters in his majesty's name to cease and to find caution for keeping of the peace and for their compearance before his majesty's council. And if any person being charged to find caution and refuses or delays to do the same, and in the meantime contravenes the said charge by committing of some deed between the time of the charge and finding of the caution, nevertheless he shall be answerable for the pain from the date of the charge as if caution had been then found.
The said commissioners shall put his majesty's acts of parliament to due and full execution against wilful beggars and vagabonds, solitary and idle men and women without calling or trade lurking in ale-houses, tied to no certain services, repute and held as vagabonds and against those persons who are commonly called Egyptians; and they shall punish and fine their harbourers and setters of houses to them accordingly by such competent pains as is proper to them to enjoin.
The said commissioners and justices of peace are hereby authorised with power to give order (as they shall think most convenient and with least grief to the subjects) for mending of all highways and passages to or from any market town or sea port within that shire; and shall call before them all such persons as shall block these passages or other ways by casting of ditches and fosses through the same shall make these highways noisome and troublesome to passengers, and shall punish and fine them according to the quality of their offence. And to the effect it may be known of what breadth all common highways should be to market towns, our sovereign lord, with advice foresaid, declares that the same should be of 20 foot of measure in breadth at the least; and where any are of larger breadth, they ordain the same so to remain unaltered or changed, and that the said justices maintain the same, with all other ways from any town in the parish to the parish churches in the estate that they are. And where they find any necessity of other ways from any town in the parish to parish churches, they shall inform his majesty's secret council thereof, who shall give them (after sufficient information) their direction relating thereto according to which they shall be held to proceed. And if any person refuse to concur for mending of highways and passages, the said justices shall have power to censure and punish them according to their discretion. With provision always that if in their proceedings therein they use such severity or rigour as may move just complaints against them, they shall be censured for that by his majesty's secret council as appertains.
The said commissioners shall put his majesty's acts of parliament to execution against cutters and destroyers of planting green wood, orchards, yards, enclosures, breakers of dove houses and rabbit warrens, stealers of bees and beehives, users of unlawful games with lying dogs, slayers of red and black fish and smolts in forbidden time, fowlers fowling in other men's lands, makers of fires in muirs and moss, setters of cruives or nets in waters and damns, having and keeping of cruives and other fish traps in forbidden time, and shall proceed against them accordingly. And for their better warrant to proceed in the premise, it is his highness's pleasure that commission shall be granted to the said justices of peace to try and punish the violators of the said acts, in the trial whereof they shall proceed by witnesses by oath of party and the punishment to be inflicted by them shall be a pecuniary sum answerable to the circumstance of the offence and quality of the offender, with special provision that their censures and punishment shall extend against none but those against whom by the privilege of their instructions they lawfully proceed; and also with provision that the said commissions be not extended to any persons who shall be arrested and convened for the said crimes before any other ordinary judge. It is also provided that the ordinance and power contained in this article shall in no way be prejudicial to any other commissions or rights whatsoever granted to other parties whereby they have power to proceed and censure the crimes and offences above-written.
Item, they shall inform the king's majesty's council and his highness's treasurer, or advocate at the least, once every year, of forestallers and resellers of markets, that order may be taken with them according to the acts of parliament
It shall not be licenced to any hosteller to harbour any masterless men and rebels at the horn, any vagabonds or other guilty persons of known crimes or using theft or robbery under the pains underwritten, namely: 40s to be incurred by them for the first fault; £4 for the second; and 10 merks for the third, together with the loss of the liberty of brewing. The incurrers of the which pains shall be punished according to the order aforesaid by the barons and masters of the ground whereupon the hosteller dwells within the space of 15 days after the committing of the fact. And if the said barons and heritors neglect to do the same within the said space, it shall be lawful to the said justices to pursue and fine the delinquents in their own courts according to the pains foresaid and to uplift the same from them, without prejudice always of whatsoever other acts made against the said hostellers in the baron court books under whom they dwell bearing any higher pain than is set down in this above-written act; and also without prejudice of all action, criminal or civil, competent of the law against the said hostellers in case they be under the danger thereof, which shall not be taken away by any punishment set down and to be inflicted according to this act.
Item, they shall inform the king's treasurer and advocate of breakers and contraveners of the acts of parliament made against malt-makers, that the transgressors and contraveners thereof may be punished according to the tenor of the said acts.
They shall set down order in the country for governance in time of plague and shall punish severely the disobeyers of the order appointed by them according to the quality of the delict.
They shall appoint at their quarter sessions to be kept in August and February the ordinary hire and wages of labourers, workmen and servants; and who shall refuse to serve upon the prices set down by them shall be imprisoned and further punished at their discretion. And to the effect that servants may be the more willing to obey the ordinance to be made by the said justices and the said fees, the said justices shall have power to discern and compel the masters to make payment of the fees appointed by their ordinance in case the servants please rather to pursue for the same before them than any other judge.
The said commissioners shall take notice in all sheriffdoms where there are any jails and prison-houses within any burgh that the same may be kept up and not suffered to decay or become ruinous. And if there be any shire wherein there is not any jail or prison-house, they shall inform his majesty's council thereof that they may appoint and give order for building of one within the head burgh of the shire, and according to the directions to be given relating thereto, the justice shall be held to proceed.
And because there be a great many prisoners apprehended and committed who, having no means of their own for their maintenance and subsistence, will otherwise famish and starve before they can come to their trial, who nonetheless, in regard of the crimes they have committed, can in no way be put under surety or otherwise in faults of less consequence are unable to find sufficient caution to be made forthcoming and answerable at the next session, therefore it shall be lawful to the said commissioners and justices at their quarter session to rate every parish for a weekly contribution proportional for the subsistence of these poor prisoners, providing they do not exceed the sum of 5s Scots money at the most, nor under 1s at the least, which sum shall be uplifted for that use by the minister or reader who shall serve at every parish from such deacons who shall be appointed to collect the same; and the said sums to be delivered by the constable of the parish at the quarter sessions in presence of the whole bench then convened to such persons as the said justices shall trust therewith and who accordingly shall make due account in paying the jailers such rates as shall be allowed for the poor prisoners and making the rest forthcoming for such use and intent of the same nature as the said justices shall appoint.
All magistrates of burghs and keepers of jails or any prisons shall receive into their prisons all such persons as either shall be brought by constables or sent to them by warrants under the hand of any one justice of peace (the said justices causing satisfy for their subsistence). And if any magistrates or their jailers suffer any persons committed by the justices into their prisons to escape, they shall be appropriately punished thereof at the discretion of his majesty's council.
Item, our sovereign lord, with advice foresaid, ordains the said commissioners to set a price upon craftsmens' work and upon the ordinars of penny bridals, together with the price of shearers' fees and to punish the contraveners as appertains.
They shall cause sufficient single and double ale to be brewed in every shire and shall appoint visitors to that effect with consent of the baron and overlord of the ground. They shall set down acts against notorious and common drunkards and impose sums upon the contraveners according to their qualities and deserts.
Our sovereign lord, with advice aforesaid, declares that the justices of peace shall be a full number and session to decide in matters occurring between the four quarter sessions.
Also declares that no letters of caption ought to be granted against the said justices for apprehending of rebels, unless they be found subject to do the same by possessing of such other offices and places to the which the obedience and putting to execution of any such charge does belong.
And because there is sensible prejudice seen and felt through many parts of the kingdom by reason of the diversity of measures and weights used in the same, therefore our sovereign lord, with advice foresaid, for removing of all abuses which may ensue in any time to come, thereby has found expedient and by this decreet and statute of parliament decrees, statutes and ordains that there shall be but one just measure and weight through all the parts of the kingdom which shall universally serve all his highness's lieges by the which they shall sell and buy and receive and give out in all times to come. Which measure his majesty, with advice foresaid, finds should be that measure of Linlithgow, which is now commonly used and which has been used most customable through the greatest part of the kingdom these 50 or 60 years past. And for settling of a perfect order whereby all the measures that are now used may be reduced to the conformity of the said measure now authorised, and for making of proportion answerable between the lesser measure and weights and the greatest, his majesty, with advice foresaid, has granted full power and commission to Sir James Wemyss of Bogie, knight, Sir George Auchinleck of Balmanno, knight, Sir James Foulis of Colinton, knight, Sir Robert Stewart of Shillinglaw, knight, Sir John Vans of Barnbarroch, knight, Sir William Grierson of Lag, knight, and to James Nisbet [of Restalrig], bailie and burgess of Edinburgh, Master Alexander Wedderburn [of Kingennie], clerk of Dundee, Sir Thomas Menzies [of Durne], provost of Aberdeen, James Hamilton [of Aikinhead], provost of Glasgow, John Osborne, burgess of Ayr, and Sir George Bruce of Carnock, burgess of Culross, whom (or any eight of them) his majesty, with advice foresaid, ordains to meet and convene together at such time and place as they shall think expedient, and to consult and advise together and to appoint and determine upon the most convenient means how the said measures and weights may be reduced to the conformity aforesaid. And after they have ripely advised therewith and given forth their determination relating thereto, they shall deliver the same and whole course of their proceedings to the commissioners and justices of peace and to the deans of guild of the head burghs of the shires, who shall be held carefully to do their diligence to see the measures foresaid now appointed to have the course through all parts, as well burgh as landward. And that there may be one constant conformity between burgh and land, our sovereign lord, with advice foresaid, ordains the said justices of peace in landward to take trial of the measures and weights used in burgh and to take note from the magistrates and deans of guild of every town of the weights and measures and of the number thereof which the said magistrates and deans of guild in burgh shall be held to show, declare and give up to them to the effect the said justices to landward may confer the same with the standard now authorised. And where they find any disconformity in the same from the said standard, the said justices shall inform the king's majesty's council thereof that they may take order therewith as appertains, for it is expressly provided by this act that the said magistrates in burgh shall not be permitted to have or use any more measures within their towns than the number to be professed by them and given up in note to the said justices to landward as said is, this always being respected that if the said magistrates within burgh find any necessity for having any more measures than was given up and used by them before, it shall be licenced to them to make more measures, they being answerable and according to the standard and making the said justices to landward foreseen and acquainted therewith and declaring the number of the measures whereof they find the necessity of use.
The said justices shall be held to give command and direction to their constables to apprehend any such person who shall be found contemptuously to have disobeyed the censures of the church, they being lawfully required to do the same.
The said justices of peace, as well to burgh as land, shall convene and be present at the quarter sessions of the shire where the burgh and land lies, give their oath to the bench at their admission, make their record and make payment of the fines intromitted with by them as justices of peace of that shire and to their collector.
They shall appoint a sufficient collector for uplifting the fines and penalties which they have power to impose upon any offender and are to take caution of him for making due account.
They shall have enduring the time of sessions for every day of their abode (so it does not exceed the number of three days at the most at one time) allowed to every one of them 40s Scots money daily to be paid and uplifted by the collector of the fines, but neither earl, lord, bishop, privy councillor or sessioner shall have any allowance, and all such justices as have the benefit of that allowance and shall be absent from every ordinary quarter sessions or otherwise when he is required lawfully by the keeper of the rolls to any particular meeting shall incur the penalty of £40 Scots money, not being lawfully excused and the excuse allowed by the rest of the justices there assembled.
The lords of council and session shall direct general and summary charges of horning and poinding at the instance of the collector appointed in every county for collection of all fines and penalties whatsoever incurred upon a simple charge of 15 days, and no suspension shall be granted except upon consignation of the sums contained in the sentence and by finding caution for payment of the charges of the justices at the modification of the lords.
The said commissioners at the end of every quarter session shall send to his majesty's council a catalogue of all such persons as they have either committed or otherwise put under surety, with a short abbreviate of the cause thereof, to the effect that thereupon the council, as they shall think expedient, may return to them against their next sessions or to their keeper of the rolls in the meanwhile their further directions.
Regarding constables:
Our sovereign lord, with the advice of his estates, finds and declares that the constables are to be made choice of by the commissioners and justices of peace in their quarter sessions throughout the whole country, two at least in every parish or more according to their discretion, having consideration of the quality thereof. In great towns likewise (not being cities nor free burghs), they are to appoint a number of constables proportional to the greatness thereof, but in all burghs regal and free cities the constables are to be chosen by the magistrates of the same, and they are to endure and to be changed from six to six months.
And who shall refuse to accept the charge and not to give his oath for dutiful execution thereof shall be imprisoned and fined at the discretion of the justice of peace at their next sitting.
The constables shall take the oath following:
You shall swear that you shall faithfully and truly discharge your office of constabulary within the parish of etc. enduring the time appointed to you, and shall not for favour, respect or fear of any man forbear to do what becomes you of your office. And above all things, you shall regard the keeping and preserving of the king's majesty's peace and shall at every quarter sessions and meetings of justices give true and due information of any breach which has been made of his majesty's peace within the bounds of your commandment, and shall in no way hide, cover nor conceal the same nor any of the proofs and evidences which you can give for the clearing and proving thereof, so help you God.
A constable may apprehend any suspect man who for the most part sleeps all the day and walks in the night and carry him to the next justice of peace to find surety for his good behaviour, or otherwise to be committed to prison. And if he be a man of quality, the justice of peace shall go with the constable and do it.
Constables shall stay and arrest all vagabonds, sturdy beggars and Egyptians and carry them before the next commissioners of peace, who shall take order for their committing or punishment according to the statute of parliament.
Constables shall arrest all idle persons whom they know to have no means to live upon and will not take themselves to any labour, trade or occupation and shall carry them before the commissioner of peace, who, after examination, shall either commit them or take surety of them for their appearance at the next sessions.
Any constable having apprehended a person guilty and culpable of slaughter, murder, theft or any other capital crime whatsoever, shall then require his neighbours to assist for safe convoying of such persons to the next commissioner, who shall then examine the party and set down his deposition in writing to be shown at the next sessions, and thereafter shall send him back to prison. And if a nobleman, prelate or small baron, or any in their names having power, shall acclaim the right of jurisdiction to proceed against the delinquent, the said justice shall receive surety of the said party who required the defender to be delivered to him, that justice shall be duly administered, and cause delivery of the said person be made to him always. The said commissioner of peace at the next sessions shall certify the whole matter to the bench, to the effect they may inquire whether justice has accordingly been administered. And if any fault be found, to advertise his majesty's council, that order may be taken therewith.
Any of his majesty's subjects of the degree of yeoman who shall refuse or delay to concur with the constable in the executing of his office shall be imprisoned and punished by the commissioners and justices. And if he be of a higher degree and quality, the constable shall inform the justice thereof, that they acquaint the lords of privy council; whom the estates ordain to censure the offender according to the quality of the fault.
A constable shall arrest any person of the degree of a yeoman who shall be found wearing hackbuts, pistols and handguns and shall carry therein before a commissioner of peace who is either to take surety for their appearance the next session or commit them prisoners until they do the same. But if the person be of higher quality, the constable shall inform the justice thereof who shall inform the same to his majesty's council, that order may be taken therewith.
If any party of degree of yeoman do complain to a constable that he is threatened by another, then shall the constable apprehend the threatener and carry him with the party complainant before the next commissioner of peace. And if he refuse to go, then shall they carry him to prison. And if he be of a higher degree, the justice being informed thereof, shall inform the council, and in the meantime charge the party to [keep the]† peace.
All the constables (at the least one of every parish instructed with commission to answer for the rest within the said parish) shall attend at every quarter session, there to give information of all such misdemeanours as have happened in those bounds since the last session, and otherwise to give to the bench further satisfaction in any thing wherein they shall be required, and to receive from the said commissioners at the end of the session such orders and directions as they shall then enjoin and appoint them to do.
Upon the appearance of any fray or stir between parties, the constable may take the assistance of his neighbours for dispersing of the parties. And if there be any harm done to the constable or any of his assistance by them who made the fray, they shall be punished by the justices at the next session, they being of the quality of yeomen; and being of a higher quality, the council shall be informed thereof as said is.
When any had made an affray and then flee to a house, the constable may follow to the house and if the doors be shut, he shall take notice of the master of the house and require witnesses thereon. And albeit the delinquent shall flee farther outside the bounds of the constable's charge, yet may the constable follow and apprehend him in a fresh pursuit and crave concurrence of the country to that effect.
The constables within every parish shall be executors of the precepts and warrants of the justice of peace.
Concerning the fees and satisfaction to be given to the constables and clerks for their pains, our sovereign lord, with advice foresaid, ordains the said justices to give up particular notes in writing to the auditors of his majesty's exchequer of the fines collected by them, that out thereof such measure and satisfaction may be appointed and given to the said clerks and constables as may recompense their travails; wherein if it shall be found that the said fines will not be sufficient, the said lords of his highness's exchequer shall appoint such further satisfaction to them as in their discretion they shall think their labours and diligence does deserve and cause them be paid of the same. And notwithstanding of this above-written act and all the particulars foresaid contained in the same, our sovereign lord, with the advice and consent of the said estates, statutes, decrees and declares that the erection of the said commissioners and justices of peace and grant of jurisdiction and privilege to them, nor the making nor approbation of the particular articles above-written introduced in their favour, nor any thing therein contained, shall be in any sort derogatory or prejudicial to the rights, privileges or liberties granted and bestowed by his majesty or his highness's royal predecessors of before to any of his majesty's subjects of whatsoever estate or quality, from the highest to the lowest, but declares that the said rights, privileges and liberties shall remain in their own integrity, safe and entire and unhurt or prejudiced by the premise or any thing expressed in the said articles and every one of them and are held as specially reserved and excepted out of the same.
And least this above-written reservation should seem altogether to destroy the power granted to the said justices, or should beget controversy between them and any other having right and liberty of jurisdiction as said is, our sovereign lord, with advice foresaid, for removing of all question which may arise between them relating thereto, declares that it shall not be lawful nor permitted to the said justices to make any citation of party before their court until the expiring of the space of 15 days after the committing of the fact for the which the committer is to be convened; at the complete expiring of the which space, if any having power and jurisdiction as said is has omitted and neglected to use and exercise the privilege and liberty of their right and power, it shall be then lawful to the said justices to make citation and to proceed against the parties according to the power and authority given to them by his highness, with advice foresaid, and according to the particular articles above-written in all points, and in no other way.
Which all and sundry the premises, our sovereign lord, with advice and consent foresaid, ratifies and approves in all points in manner as the same purports and gives to them the strength and force of acts and ordinances of parliament; and ordains execution to pass upon the same as appropriate.
[1617/5/23]*[print] [email] [cite] [preceding] [following]
Forasmuch as by diverse and sundry acts of parliament made of before regarding the order and manner of teinding of corns, and specially by the eighth act of his majesty's eighteenth parliament held at Perth, upon 9 July 1606, and since then by the first act of the twenty first parliament held at Edinburgh, upon 23 October 1612, the manner and form of teinding and the time and space appointed for requisition to be made for the same is at length set down, in the which acts it is statute and ordained that all corns shall be teinded at three several times in the year if the owners thereof thinks expedient, namely: the croft infield corn at one time, the barley at another time and the outfield corn at the third time, as the said acts purports. Nevertheless our sovereign lord, for the greater benefit and ease of his majesty's lieges, finding it requisite that the former acts be altered in the points following for settling of a clear and certain order to be hereafter observed in all teinding of corns, has, with advice and consent of the estates of parliament, statute and ordained that it shall be lawful to all heritors and labourers of the ground, eight days being expired after the complete shearing of every one of the three sorts of corns above-written, to require the owner of the teind at his dwelling place within the parish, and in case of his not dwelling therein for the time, his factor and servant or other person who is ordained to be constitute and specially designed by him in manner after-mentioned upon the premonition of four days, to come and make lawful teinding of the said corns. Who failing to do the same, and neither the owner of the teind himself nor the other person appointed to be designed by him as is underwritten coming and making the said thankful teinding, being so lawfully required, our sovereign lord, with advice and consent of the said estates, declares that it shall be lawful to the said heritors and labourers of the ground to separate the stock from the teind and to convey and carry their stock away and either to stack the same within their barnyards, or to place the same in their barns, leaving the teind upon the ground, which they shall be held to preserve and keep undestroyed or eaten by beasts for the space of eight days after the expiring of the time of the said requisition. Which corns being so conveyed and stacked or placed in barns, and the teind being left on the ground and preserved as said is, our sovereign lord, with advice and consent foresaid, declares it shall be sufficient to liberate them of all danger of spoilage or wrongful intromission which may be moved against them for that in any time to come. And for more clear explanation of the premise, statutes and ordains the owner of the said teinds if he have not his dwelling within the said parish (whose dwelling there would require premonition to be made to himself at his dwelling place as said is), to design a special servant and factor for him to whom the said premonition shall be made in his absence, who shall have his remaining either in some certain house within the parish or in the next most nearest and adjacent village, whose name and particular place of residence the said owner of the teinds shall cause be publicly intimated in the parish kirk either upon the last Sunday of July or the first Sunday of August yearly in presence of the minister of the parish and parishioners, that no ignorance may be pretended thereof; which factor so designed shall be warned either personally (if he can be apprehended) or by intimation to be made to the minister of the parish and at the foresaid place to be designed for the factors remaining. Which requisition so made, our sovereign lord, with advice foresaid, declares shall be as sufficient as if the same was made to the teind master himself, likewise it is declared that in case of the teind masters not dwelling within the parish as said is (if the said designation be not made of the said factor's name and place of remaining at the time and in manner as is before ordained), it shall be then also lawful (the said eight days and four days being past) to the owners of the corns to separate the stock from the teind and to convey, stack and place their stock in their barns or barnyards as said is, leaving the teind upon the ground and preserving the same in manner before specified; which being done, they shall be likewise free of all action of spoilage or wrongful intromission which they thereby may incur. It is always provided by our sovereign lord, with advice of the said estates, that whereas by this act and statute requisition is not ordained to be made until the expiring of eight days after the complete shearing of every one of three sorts of the corns before specified, yet notwithstanding thereof, the said estates declare that albeit the tenth part of every sort of the said corns or about the tenth part be standing unshorn and uncut down, the non-shearing of that quantity shall be no cause nor impediment to stay the owner to make the requisition, neither shall the same furnish any lawful excuse to the teind master upon the pretext whereof he should refuse teinding for the rest, but declares this act to be effectual and to have the own force, albeit the tenth part or about the same remain unshorn as said is, the said heritors or labourers using the same order of requisition thereafter for teinding of the said unshorn corns the time when the same are ready.
[1617/5/24]*[print] [email] [cite] [preceding] [following]
Forasmuch as there have been diverse worthy laws and statutes made by his majesty and his highness's predecessors for restraining of idle and masterful beggars, and that notwithstanding thereof, the number of the said beggars have daily increased more and more; and his majesty and estates, considering that the cause of the multiplying of the said beggars has and does proceed from this ground: that no order has been taken in bygone time with the poor children and orphans born of poor and indigent parents, who, being tolerated or neglected at their first entry to begging, do contract such a custom and habit that hardly they can be drawn thereafter to any other calling; whereas if the said children were in their tender years put to work and employed and trained up in any commendable labour, might thereafter not only relieve the country of their charges, but also prove profitable to the commonwealth; which might be easily performed if the said poor children were taken off the hands of their parents by some of his majesty's well affected subjects in particular, or by any of the incorporations and burghs within this his majesty's kingdom in common, and employed in some calling or vocation that might tend to the good of the realm. Therefore his majesty, with advice and consent of the estates, does in most earnest manner recommend to all his highness's loving subjects, requesting them as they tender the good and honour of the realm, to receive within their houses and family and to take upon their care, maintenance and education some of the said poor and indigent children, one or more, every person according to his power and faculty. Likewise his majesty, with advice foresaid, for the further security of his highness's subjects, finds and declares that it shall be lawful to his highness's subjects to take the said poor children in their power, houses and family to be educated and brought up by them either in their houses, or to be put by them to such crafts, callings and vocations, either within the country or without the same as they please, which children so received shall be obliged and bound as servants to the receivers in manner and during the time after-specified. It is always declared that the conditions of the said children which shall be so received by his majesty's lieges and the manner of their delivery to them shall be as follows: that is to say, that they be such as who shall be found and tried to be poor and indigent and to have no means for their maintenance, and that by the declaration of the provost and bailies and by the session of the kirks within burgh, or by either of them, and the sessions of the kirks in landward where the said poor children remain or are found to be for the time. And if the said poor children be within the age of 14 years, they shall be delivered to his highness's subjects by the magistrates within burgh or by the session of the kirk and parish where they remain with consent of their parents, if they have any known within the parish for the time; otherwise shall be delivered by the said magistrates and session of the kirk alone or either of them as said is. And if they be past the age of 14 years, that their own consent shall be taken thereto by the advice of the said magistrates and session of kirk, or either of them as said is, who, at the delivery of the said poor children to his highness's subjects, shall give a testimonial under their or their clerk's handwriting of the estate, quality and condition foresaid of the said poor children and of their delivery to their masters. Which testimonial of the said provost, bailies and session of the kirks bearing the said trial and delivery, his highness, with advice and consent of the estates foresaid, finds and declares shall be a sufficient warrant to the receivers for enjoying the benefit of this present statute. And to the effect his highness's subjects may be moved hereto by the expectation of commodity and advantage which they may reap by the labours and service of the said poor children, his majesty, with advice of the said estates, statutes and ordains that the said poor children received by any of his highness's subjects upon the testimonial of provost, bailies or session of kirks in manner above-specified shall be bound and astricted to their said masters, their heirs and assignees in all kind of service which shall be enjoined to them until they pass the age of 30 years complete; and that they shall be under discipline to their said masters and their foresaids and subject to their corrections and chastisements according to the merits of their offences in all manner and sort of punishment (the life and torture excepted). Likewise it is declared that whatsoever the said servants gains or earns by their travails during the said space, shall appertain properly to their said master and their foresaids. And if it shall happen the said servants to absent themselves from their said master's service without their licence, then and in that case they shall be obliged to refund to their said masters the whole damage and interest sustained by them through their absence upon the declaration of the said masters without any further probation, over and above the bodily punishment to be laid upon them at their returning by the discretion of their said masters. And if it shall happen them to be received by any other person, the said receivers shall be obliged to restore them again to their said masters within 12 hours after they be required to that effect personally or at their dwelling places in presence of a notary and two witnesses. And if they fail, they shall pay 10s after† every requisition daily until they be restored, and that without prejudice to the said masters to call and pursue for delivery of their said servants before the ordinary judge according to the law, and for the damage and injury sustained by them through the want of their said servants during the space of their absence after the said requisition.
[1617/5/25]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of parliament, ratifies and approves the letter of nomination made by his highness's dearest spouse, Anne, by the grace of God, queen of Great Britain, France and Ireland, of the date 26 April last, whereby her majesty, with his highness's consent, has nominated and appointed Sir George Hay of Nether Liff, clerk register, Sir William Oliphant of Newton, knight, our sovereign lord's advocate, Sir Alexander Drummond of Midhope, knight, and Sir William Seton of Kylesmure, knight, to be four of her majesty's council in place of the other four of before deceased, and has adjoined them to the other three of her majesty's council as yet alive, namely: Alexander [Seton], earl of Dunfermline, chancellor, Thomas [Hamilton], lord Binning, secretary, and Sir Peter Young [of Seaton], almoner to his majesty, as in the said letter of nomination of the date foresaid at more length is contained. And his majesty, with advice of the estates foresaid, wills, declares and ordains that the said councillors (at the least four of them, the said lord chancellor being always one of the said four) shall have the guiding, government and administration of the estate, living and affairs appertaining to his highness's said dearest spouse within the kingdom of Scotland in the same manner and form as is set down in the act of parliament made in the month of July 1593, and under the provisions and conditions expressed in the said act of parliament which his majesty, with advice foresaid, holds as herein expressed. And when it shall happen any of the said seven councillors, one or more, to depart this life, his majesty, with advice foresaid, wills and grants that it shall be lawful to his highness to nominate and appoint others in place of the persons deceasing to the effect above-contained. Likewise his majesty, with advice aforesaid, now as if the said nomination was made and then as now, ratifies and approves the same and declares the same to be as valid and effectual as if the same was made with consent of his highness and advice of the estates foresaid.
[1617/5/26]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, considering the great prejudice which his majesty's lieges sustain in their lands and heritages, not only by the abstracting, corrupting and concealing of their true evidents in their minority and less age and by the omission thereof, by the injury of time, through war, plague, fire or such occasions, but also by the counterfeiting and forging of false evidents and writs and concealing of the same to such a time that all means of improving thereof is taken away, whereby his majesty's lieges are constituted in a great uncertainty of their heritable rights and diverse pleas and actions are moved against them after expiring of 30 or 40 years, which nevertheless by the civil law and by the laws of all nations are declared void and ineffectual; and his majesty, according to his fatherly care which his majesty has to ease and remove the grievances of his subjects, being willing to cut off all occasions of pleas and to put them in certainty of their heritage in all time coming, therefore his majesty, with advice and consent of the estates of parliament, by the tenor of this present act, statutes, finds and declares that whatsoever his majesty's lieges, their predecessors and authors have possessed heretofore, or shall happen to possess in time coming by themselves, their tenants and others having their rights, their lands, baronies, annualrents and other heritage by virtue of their heritable infeftments made to them by his majesty, or others their superiors and authors for the space of 40 years, continuously and together following and ensuing the date of their said infeftments, and that peaceably without any lawful interruption made to them therein during the said space of 40 years, that such persons, their heirs and successors shall never be troubled, pursued nor deprived in the heritable right and property of their said lands and heritages foresaid by his majesty or others their superiors and authors, their heirs and successors, nor by any other person pretending right to the same by virtue of prior infeftments, public or private, nor upon no other ground, reason or argument competent of law, except for falsehood, providing they be able to show and produce a charter of the said lands and others foresaid granted to them or their predecessors by their said superiors and authors preceding the entry of the said 40 years' possession, with the instrument of sasine following thereupon; or where there is no charter extant, that they show and produce instruments of sasine, one or more, continued and standing together for the said space of 40 years, either proceeding upon retours or upon precepts of clare constat, which rights his majesty, with advice and consent of the estates foresaid, finds and declares to be good, valid and sufficient rights (being invested with the said peaceable and continual possession of 40 years without any lawful interruption as said is) for possession of the heritable right of the same lands and others foresaid. And likewise his majesty, with advice foresaid, statutes and ordains that all actions competent of the law upon heritable bonds, reversions, contracts or others whatsoever, either already made or to be made after the date hereof, shall be pursued within the space of 40 years after the date of the same unless the said reversions be incorporated within the body of the infeftments used and produced by the possessor of the said lands for his title of the same, or registered in the books of the clerk register. In the which case, seeing all suspicion of falsehood ceases most justly, the actions upon the said reversions engrossed and registered ought to be perpetual. Excepting always from this present act all actions of warrandice which shall not prescribe from the date of the bond or infeftment whereupon the warrandice is sought, but only from the date of the distress which shall prescribe, it not being pursued within 40 years as said is. And likewise it is declared that in the course of the said 40 years' prescription the years of minority and less age shall in no way be accounted, but only the years during the which the parties against whom the prescription is used and objected were majors and past 21 years of age. And his majesty, being careful that no person who has any just claim be prejudiced in their actions by prescription of 40 years already run and expired before the date of this present act, has, with advice foresaid, granted full liberty and power to them to intend their said actions within the space of 13 years next following the date hereof, which shall be as effectual as if the same had been intended within the said space of 40 years prescribed by this present act; after the expiring of the which 13 years this present act shall have full force and effect after the tenor thereof in all points. And nevertheless, it is declared that the persons at whose instance the foresaid actions shall be moved and intended within the said space of 13 years shall not be compelled to insist in the said actions at the desire of their parties upon the first summons and citation thereof only, unless the said first summons be called and continued and the defenders of new summoned thereby. In the which case and no other way, it is declared that they may be compelled to insist at the instance of the party having interest.
[1617/5/27]*[print] [email] [cite] [preceding] [following]
Forasmuch as by act of parliament made by his majesty's most noble progenitor King James IV of worthy memory upon 13 June 1494, it was statute and ordained that all summons of error or inordinate process be pursued within the space of three years after the determination of the inquest or service, the party being of lawful age and within the realm, otherwise to prescribe, as in the said act and statute at more length is contained; and because the true meaning and intention of the said act was that our sovereign lord's lieges being upon the said inquest and service should not lie under the pain and danger of error after the space of three years and in no way to hurt or prejudice the righteous heir or nearest of kin who, by the law of God and man, was to succeed in the right of blood and succession to their predecessors and to their lands and heritages by right of blood, therefore our said sovereign lord, with advice and consent of the estates foresaid, statutes and ordains that the said act of parliament shall in no way hurt nor prejudice the nearest of kin to seek reduction of the said retours and service to be past and issued in time coming, and that within the space of 20 years immediately following the date of the said retours and services; and if the said summons of reduction be not intended, executed and pursued before the expiring of the said 20 years, that the said action of reduction of the said retour and service shall prescribe in the self and no party to be heard thereafter to pursue the same reduction; and also declares that hereafter it shall in no way be lawful to pursue the persons of inquest for wilful error unless they be pursued for that within the space of three years next after the date of the said retour and service. It is always declared that this act shall in no way be prejudicial to whatsoever persons who have acquired rights of lands and heritages before the date hereof in good faith from persons already retoured thereto in any time bygone, but the said persons who have in good faith acquired to possess their rights according to the law then standing.
[1617/5/28]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding a great number of ignorant people the time of their sickness and disease, or otherwise at the making of their testaments and letter wills, do nominate certain strangers to be their executors, meaning only to commit the care of their goods and diligent collection thereof to the said strangers, and that to the benefit of their children or other persons who are nearest of kin, whereas by the contrary the said office of executory, by the interpretation now observed, does carry with it the whole profit and commodity of the deceased's part of the goods contained in testament, which his majesty finds to be altogether against law, conscience and equity; therefore his majesty, with advice and consent of the estates of parliament, finds and declares that all executors already nominated in any testament not as yet confirmed, or to be nominated in any testament to be made hereafter, are and shall be obliged to make account, reckoning and payment of the whole goods and gear pertaining to the deceased and intromitted with by them to the wife, children and nearest of kin according to the division observed by the laws of this realm, reserving only to the said executors the third of the deceased's part, all debts being first paid and deducted, without prejudice always to the said executors of whatsoever legacies left to them by the said deceased which shall in no way be prejudiced by this present act, but the said executors shall have full right to their said legacies, albeit the same exceed the said third of the deceased's part. And in case the said legacies exceed the whole third part, the said executors shall have right to the whole legacy and no part of the third, with this express declaration: that where legacies are left to the executors, they shall not fall both the said legacies and a third by this present act, but the said legacies shall be imputed and allowed to them in part payment of their third.
[1617/5/29]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, having considered that there have been diverse questions moved before the lords of his majesty's council and session touching the escheat of liferent tacks of lands and teinds fallen by the rebellion of the persons to whom the same appertains, and that it has not yet been clearly decided whether a liferent tack should fall under the gift of a simple escheat or not, for the better clearing whereof in all time coming, our sovereign lord, with advice of the estates of this present parliament, declares, statutes and ordains that liferent tacks of lands or teinds shall not fall under a simple gift of escheat but under the gift of a liferent escheat only. And further, in case any tack set of lands or teinds contains more liferents than one, and that the person to whom the said tack appertains in liferent be rebel above the space of a year and a day, whereby he loses his liferent of the said tack, it is hereby declared that the remaining life-renters contained in the said tack, or the heirs or assignees of the rebel who have right to the said tack after the said rebel's death, shall not be prejudiced by the said life-renter's rebellion, so that after his death, the said person having right to the said tacks shall possess and enjoy the same, notwithstanding the said life-renter's rebellion above the space of a year and a day; which rebellion shall prejudice himself only and no other person succeeding to him in the right of the said tack.
[1617/5/30]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, considering the great hurt sustained by his majesty's lieges by the fraudulent dealing of parties who, having alienated their lands and received great sums of money for that, yet, by their unjust concealing of some private right formerly made by them, renders subsequent alienation done for great sums of money altogether unprofitable, which cannot be avoided unless the said private rights be made public and patent to his highness's lieges; for remedy whereof, and of the many inconveniences which may ensue thereupon, his majesty, with advice and consent of the estates of parliament, statutes and ordains that there shall be a public register in the which all reversions, regresses, bonds and writs for making of reversions or regresses, assignations thereto, discharges of the same, renunciations of wadsets and grants of redemption, and likewise all instruments of sasine, shall be registered within 60 days after the date of the same. It is always declared that it shall not be necessary to register any bonds and writs for making of reversions or regresses unless sasine pass in favour of the parties makers of the said bonds or writs, in the which case it is ordained that the same shall be registered within 60 days after the date of the sasine, the extract of the which register shall make faith in all cases except where the writs so registered are offered to be improved. And if it shall happen any of the said writs which are appointed to be registered as said is not to be duly registered within the said space of 60 days, then, and in that case, his majesty, with advice and consent foresaid, declares the same to make no faith in judgment by way of action or exception in prejudice of a third party who has acquired a perfect and lawful right to the said lands and heritages, without prejudice always to them to use the said writs against the party maker thereof, his heirs and successors. It is always declared that this present act shall in no way be extended to instruments of sasine and reversions therein contained given by provosts and bailies of free burghs royal of lands lying within their liberties and freedoms held by the said burghs in free burgage of his majesty, nor to no other heritable writs thereof, nor yet to reversions incorporated in the body of the infeftments made to the persons against whom the said reversions are used. It is also declared that if any renunciations or grants of redemption which shall happen to be consigned in process between parties shall be registered within 60 days after the dates of the decreets, whereby the same shall be ordained to be given up to the parties having right thereto, the same shall be sufficient. And to the effect the said register may presently and in all time coming be the more faithfully kept, therefore our said sovereign lord, with advice and consent foresaid, statutes and ordains the same registers and registrations foresaid to be inserted therein to appertain and belong to the present clerk register and his deputes to be appointed by him to that effect, and decrees and ordains the same registers to be annexed and incorporated with the said office, and that the clerk register present and to come have the said office as a proper part and pertinent of the clerk register's office, make and constitute particular deputes, one or more, for all the days of their lifetimes, or otherwise as he shall think expedient, of good fame, literature and conversation, for whom he shall be answerable, and who shall be resident within the towns and places after-specified at all times to receive from the parties their evidents and to register the same within the space of 48 hours next after the receipt thereof, and to engross the whole body of the writ in the register under the pain of deprivation of the clerk of his place and service and of the office of notary in all time thereafter; and within the same space shall deliver to the presenter of the same the evidents marked by him with the day, month and year of the registration and in what leaf of the book the same is registered, and shall take only for his pains 26s 8d money of this realm as for the price of each leaf of his register, containing no less than in this present act; and in case the leaf contains less, to take less accordingly and so proportionally for every page of the leaf and part of the page, and according thereto shall take for registering of every one of the said evidents; and the said registers to be filled by the said deputes, to be marked by the clerk register and his deputes to be appointed by him to that effect with a note of the particular number of the leafs that the same shall contain, and the said registers, after the filling of the same, to be reported to the said clerk register to remain with him and his deputes and be patent to all our sovereign lord's lieges and extracts thereof to be given by him and his deputes to be appointed by him during all the days of their lifetime or otherwise as he shall think expedient for that effect, to all concerned with the same, which shall make as great faith as the principals, except in case of improbation. And the said registers for the greater ease of the lieges to be established in the particular places following, that is to say: one in the town of Kirkwall in Orkney for the whole lands lying within the bounds of the sheriffdoms of Orkney and Shetland; and one in the burgh of Inverness for the whole lands lying within the sheriffdoms of Inverness and Cromarty; one in the burgh of Elgin for the whole lands lying within the bounds of the sheriffdoms of Forres and Nairn; one in the burgh of Aberdeen for the whole lands lying within the bounds of the sheriffdoms of Aberdeen, Banff and Kincardine; one in the burgh of Dundee for the whole lands lying within the bounds of the sheriffdoms of Forfar; one in the burgh of Perth for the whole lands lying within the sheriffdoms of Perth and stewartry of Strathearn (excepting the stewartry of Menteith); one in the burgh of Stirling for the whole lands lying within the bounds of the sheriffdoms of Stirling, Clackmannan and stewartry of Menteith; one in the burgh of Cupar in Fife for the whole lands lying within the bounds of the sheriffdoms of Fife and Kinross-shire; one in the burgh of Edinburgh for the whole lands lying within the bounds of the sheriffdoms of Edinburgh principal, constabulary of Haddington, Linlithgow and Bathgate; one in the burgh of Lauder for the whole lands lying within the sheriffdoms of Berwick and bailiary of Lauderdale; one in the town of Selkirk for the whole lands lying within the sheriffdoms of Roxburgh, Selkirk and Peebles; one in the town of Hamilton for the whole lands lying within the bounds of the sheriffdom of Lanark (excepting the burgh and barony of Glasgow); one in the city of Glasgow for the whole lands lying within the bounds of the sheriffdoms of Renfrew and barony of Glasgow; one in the burgh of Dumbarton for the whole lands lying within the sheriffdoms of Dunbarton, Bute, Argyll, Arran and Tarbert; one in the burgh of Ayr for the whole lands lying within the bounds of the sheriffdoms of Ayr, bailiary of Kyle, Carrick and Cunninghame; one in the burgh of Wigtown for the whole lands lying within the bounds of the sheriffdom of Wigtown; one in the burgh of Dumfries for the whole lands lying within the bounds of the sheriffdom of Dumfries, stewartries of Kirkcudbright and Annandale; or in any other place or places more convenient as the clerk register shall think most expedient, due intimation being made to the lieges of the same. And the said evidents to be registered in the particular books appointed for the lands within the bounds of each sheriffdoms, stewartry and bailiary as said is, or in the option of the party in the books of register or session kept by the said clerk register himself or his deputes to be appointed by him during all the days of their lifetime, or otherwise as he shall think expedient to that effect in Edinburgh. And our said sovereign lord, with advice and consent of the estates, decrees and declares this present act to have the force, strength and effect of a decreet and statute of parliament, which shall have force, strength and execution according to the tenor thereof in all time to come; ordaining publication to be made of the same in the appropriate form.
[1617/5/31]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, considering the great abuse and corruption used in finding of caution to messengers for withdrawal of arrestments in times bygone, whereby his highness's lieges have been heavily prejudiced, the receiving of the said caution being committed to whatsoever messenger of arms the party pleases to choose, who, at the desire of the party for the most part, receives irresponsible cautioners and thereafter when caution is found, there is no warrant thereof given to the party arrester but only a ticket under the messenger's stamp and subscription bearing him to have loosened the arrestment and to have received such a person cautioner, which ticket is not sufficient of the law to furnish action against the said cautioners without production of the principal bonds given to the said messenger receiver of the caution; which bond, if any were taken, remains in the hands of the messenger and is either lost by negligence or absented by malice, whereby the party is altogether prejudiced of his action which he had against the cautioner who was found for loosening of the arrestment; for remedy whereof, our sovereign lord, with advice and consent of the estates of parliament, statutes and ordains that all bills and supplications for loosening of arrestments which shall be passed and delivered by the lords of council in time coming shall be passed upon caution to be found in their books, and ordains the clerk of the bills to receive the said caution before the giving out of the same for raising of letters thereupon. And if any arrestments be otherwise withdrawn, the same to be null and ineffectual.
[1617/5/32]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, considering that the forests within this realm in which deer are kept are altogether wasted and decayed by making clearings, pasturing of horses, mares, cattle, oxen and other livestock, cutting of wood within the bounds of the said forests, shooting and slaying of deer, venison and wildfowl with hackbuts and with dogs in forbidden time; and albeit there have been diverse and sundry lovable acts, laws and statutes made for punishing the transgressors of the same acts, yet the same have not been put into due execution in time bygone, in respect the keepers of the said forests under his majesty and others having right thereto by virtue of their infeftments had no power nor jurisdiction to punish the said transgressors; therefore our said sovereign, with advice of the estates of this parliament, wills and ordains in all time coming that the keepers of the said forests and others having right by their infeftments as said is shall have full power, privilege and jurisdiction to call, convene and pursue before them whatsoever person or persons that shall be found hereafter to transgress the said acts and statutes, sit and hold courts relating thereto, and to put them to the trial of an inquest, and being found guilty, to put the said acts into full execution in their contrary after the form and tenor thereof in all points, namely: the slayers and shooters of deer, roe deer and wildfowl, being landed men, under the pain of 500 merks, and every unlanded man being responsible, under the pain of 100 merks; and if he be not responsible, under the pain of warding and punishment of his person according to the former acts made relating thereto, and the owners and installers of the goods and livestock within the said forests and cutters of wood under the pain contained in the former acts made relating thereto and according to the provision of the same acts.
[1617/5/33]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, with advice and consent of the estates of this present parliament, considering the great inconveniences sustained by the lieges of this realm through the frequent building of dovecots by all manner of persons in all the parts thereof, statutes, declares and ordains that hereafter no person, nor persons, shall have power, liberty or privilege to build a dovecot upon any lands within this realm, neither within burgh nor in the country, unless that person, builder of the dovecot, has lands and teinds pertaining to him extending in yearly rent to 10 chalders of victual next adjacent to the said dovecot (at the least lying within two miles to the same); and also declares that it shall in no way be lawful to the person foresaid worth in yearly rent the foresaid 10 chalders of victual to build more dovecots upon and within the bounds foresaid except one dovecot only.
[1617/5/34]*[print] [email] [cite] [preceding] [following]
It is statute and ordained by our sovereign lord, with advice and consent of the estates of parliament, for the restraint of the vile and detestable vice of drunkenness daily increasing to the high dishonour of God and great harm of the whole realm, that all persons lawfully convicted of drunkenness or of haunting of taverns and ale-houses after 10 o'clock at night, or any time of the day, except in time of travel or for ordinary refreshment, shall for the first fault pay £3, or in case of inability or refusal, to be put in jougs or jail for the space of 6 hours; for the second fault, to pay £5, or in case of inability or refusal, to be kept in the stocks or jail for the space of 12 hours; and for the third fault, to pay £10, or in case foresaid, to be kept in stocks or jail for the space of 24 hours; and thereafter, if they transgress, to be committed to jail until they find caution for their good behaviour in time coming. And for the better execution of this act, special power and commission is given, granted and committed to all sheriffs, stewarts, provosts and bailies, justices of peace and kirk sessions within every parish to call, convene and try the foresaid persons, penalties to uplift, and for pious and necessary uses in every parish to apply, and all and sundry other things to do and exercise which necessarily is required for execution of this act.
[1617/5/35]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates, understanding and considering the great hurt and damage which his majesty's lieges have sustained these many years bygone by the chiefs of clans within the highlands and isles of this kingdom by the unlawfully taking from them, their children and executors after their death under the name of caulps of their best aucht, whether it be ox, mare, horse or cow, alleging their predecessors to have been in possession thereof for maintaining and defending of them against their enemies and evil wishers of old; and not only one of the said chiefs of clans will be content to uplift his caulp, but also three or four more, every one of them will allege better right than the other, and every one of them after another will uptake the same until four or five several caulps will be taken from one person albeit never one of the said clans have right thereto, or to the lands which the persons occupies from where the caulps are uplifted. And so severe are they that every one of them after another will pull their horses and oxen out of their ploughs and harrows in the very time of their greatest business and labours, so that many of his majesty's subjects which of old were enriched with sufficient store of goods and livestock and thereby made his highness and others having right thankful payment of their mails, kanes and duties indebted by them yearly to his majesty and others having right, are now by the extortion of the said chiefs of clans and other having right to the said caulps and by unlawful raising and uplifting thereof becomes depauperate and unable to pay his majesty and others having good right their just duties. And seeing there was an act made heretofore in favour of the inhabitants of Galloway by his highness's predecessor King James IV of worthy memory in his second parliament and the 18th chapter thereof discharging the said caulps and collection thereof in all time coming thereafter under the pain of punishment as robbery, and to be a point of indictment against them in the justice ayre, therefore our said sovereign lord, with advice of the estates of this present parliament, statutes and ordains that in no time coming none of his highness's lieges presume nor take upon hand to intromit with nor uplift the said caulps within any part of this kingdom under the pain foresaid.
[1617/5/36]*[print] [email] [cite] [preceding] [following]
Our sovereign lord, understanding that that part of the act of parliament made in July 1587, chap. 45, entitled 'When, who and how notaries should be admitted and of their cautioners and protocols', whereby it was statute and ordained that all protocol books of notaries should be within 15 days after the death of the notary brought in to Edinburgh and delivered to the clerk register, or one of his deputes appointed by him for that effect, has not been put into due execution in time past, through which his majesty's lieges have sustained great hurt and damage in so far as a great part of the protocols are defaced and destroyed by tearing out of the leaves out of the said protocols, inserting and writing of false instruments upon the blank paper contained in the said protocols, and likewise by inserting of sheets and quires of new paper whereupon instruments are falsified by alteration of the dates of instruments contained in the said protocols and many other ways, as have been diverse times exactly tried by the lords of council and session; and that the delaying of the execution of the said act has proceeded upon an ordinance contained therein of satisfaction to be given by the clerk register or his deputes to the widow, children or executors of the said notaries for the said protocol, whereby the clerk register or his deputes would be drawn to very great and intolerable charges in regard of the great number of the said books; therefore and for remedy thereof, our sovereign lord, with advice foresaid, discharges that part of the said act of parliament regarding any other satisfaction to be given to the widow, children and executors of the notaries already deceased or that shall happen to decease (except as is hereafter expressed); and statutes and ordains that all persons, as well as widow, children, executors of whatsoever already departed or other person or persons whatsoever, possessors in their hands, custody and keeping of any protocol book of whatsoever notary already deceased, as of notaries that shall happen to decease at any time hereafter, shall, after the death of the notary, bring in the said protocols to Edinburgh and deliver the same to the clerk register or his deputes to be appointed by him for that effect under the pain of £100 to be incurred by those who shall happen to be found to contravene; and thereafter the said notaries' books to be retained and kept by the said clerk register or his deputes foresaid to be appointed by him to that effect. At the delivery and collection of which protocols, if the same shall be brought in by the said widow or children, his highness, with advice foresaid, ordains the clerk register or his depute foresaid to make a note of the names of the said widow and children of the deceased notaries, to the effect that whensoever any party shall pursue for transumpt of any instrument out of the same, he shall be astricted hereby to summon by the party having interest, the widow and children of the deceased notary, to the effect that the said widow and children may be satisfied by the party craving the transumpt of the said instrument at the modification of the lords of council and session. And his highness, with advice foresaid, declares that this act shall not be extended to the collection of the protocols of the clerks of any free burghs royal within this realm deceasing already or that shall happen to decease hereafter, but the clerks, widow and children of the said free burghs shall be held to deliver the said protocols to the provost and bailies of the said free burghs to remain in the register of the said burghs and to be made forthcoming to all parties having interest whensoever they shall crave any instrument to be transumpted out of the same at any time hereafter.
[1617/5/37]*[print] [email] [cite] [preceding] [following]
Forasmuch as in this present session of parliament there are ratifications passed wherein diverse and new clauses are inserted, which may be prejudicial to particular parties' rights and derogative to many laws lawfully made and established of before, albeit the meaning of his highness be at this time (as it was ever in all preceding parliaments) that by no particular act any other party should be hurt or prejudiced; for remedy thereof, it is statute and ordained that no ratification passed in this present session of parliament shall be prejudicial to any private parties' rights, but that the said ratifications be always understood whether they be general or special to be saving the right of anyone.