[A1567/12/12]* [print] [email] [cite] [preceding] [following]
Item, forasmuch as the youth is not only seen to preserve the commonwealth, but also of them must rise such as after this must serve in the kirk of God within this realm and to the commonwealth of the same; and because the poverty of many is in such sort that they may not hold their children at letters, whereby the most part of the youth of this realm wants the gifts and graces of learning requisite to that charge; and, for remedy hereof, our sovereign lord, with advice and consent of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, has statute and ordained that all patrons having provostries or prebendaries of colleges, altarages or chaplainries at their gifts and disposition may, in all times coming, at their pleasure present the same to a bursar whom they please to name, to study virtue and letters within a college of any of the universities of this realm, there to remain for such space as the patron aforesaid pleases to hold him at virtue and learning within the aforesaid college, and as shall be agreed upon by the patrons of the said provostries or prebendaries, with the principal and ministers of the college of the university; and after the patron remove that bursar out of the said college, to present another, and so forth, from one to another, to the effect aforesaid, at the patron's pleasure, notwithstanding any foundation or confirmation passed by whatsoever authority in any times bygone, with the which our sovereign lord, my lord regent and three estates of this present parliament dispense, so that the said patrons may convey their provostries and prebendaries to such bursars as they shall think expedient, as often as need be, which shall be no hurt nor prejudice to their patronage, notwithstanding their foundations and confirmations whatsoever, or any provision contained therein. And therefore, our sovereign lord, my lord regent and three estates aforesaid heartily request all patrons of colleges, prebendaries and provostries to grant and convey their provostries and prebendaries to the bursars aforesaid in manner above-specified, so that letters may be authorised and the youth sufficiently brought up in virtue and learning, to the glory of God and comfort of the commonwealth of this realm.
[A1567/12/13]* [print] [email] [cite] [preceding] [following]
Item, it is statute and ordained by our sovereign lord, with advice and consent of [James Stewart, earl of Moray], his dearest regent, and three estates of this present parliament, that if any person or persons within this realm, to burgh or to land, shall commit the filthy vice of fornication and are convicted thereof, that the committers thereof shall be punished in manner following: that is to say, for the first fault, as well the man as the woman, shall pay the sum of £40, or then both he and she shall be imprisoned for the space of eight days, their food to be bread and small drink, and thereafter presented to the market place of the town or parish bareheaded, and there stand fastened, that they may not remove for the space of two hours, as from 10 o'clock to 12 o'clock at noon; for the second fault, being convicted, they shall pay the sum of 100 merks, or then the forenamed days of their imprisonment shall be doubled, their food to be bread and water only, and in the end to be presented to the said market place and both the heads of the man and the woman to be shaved; and for the third fault, being convicted thereof, shall pay £100, or else their above imprisonment to be tripled, their food to be bread and water only, and in the end to be taken to the deepest and foulest pool or water of the town or parish, there to be thrice ducked, and thereafter banished from the said town or parish for ever; and from thenceforth, how often that ever they be convicted of the aforesaid vice of fornication, that so often the said third penalty be executed upon them, and that the provost and bailies of each burgh, the justice general and his deputes, or such others persons as it shall please our said sovereign lord to give commission to, be judges to the persons suspected and accused of fornication, and, being convicted, that they shall list and take up the above-written pecuniary pains of the persons responsible and rather willing to pay the same than to be demeaned in their persons; and that the said corporal pains of imprisoning, banishing and others above-specified be executed upon all such persons as either refuses to pay the pecuniary pains or that are not responsible to pay the same; and that the same pecuniary pains which shall happen to be received be surely kept in a closed box and be converted for pious uses in those parts where the crime is committed, as it shall please our said sovereign and his dearest regent to command; and the receivers of the said pains to be ready to give account thereof whenever they shall be required thereto.
[A1567/12/14]* [print] [email] [cite] [preceding] [following]
Item, forasmuch as the abominable, vile and filthy lust of incest is so abominable in the presence of God, and that the same eternal God, by his express word, has condemned the same, and yet nonetheless the said vice is so used within this realm, and the word of God is in such sort condemned by the users thereof, that God by his just judgements has occasion to plague the realm where the said vice is committed (unless God, of his mercy, being more gracious, and remedy being provided, that the said vice cease in time coming); therefore, our sovereign lord, with advice and consent of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, statutes and ordains that whatsoever person or persons, committers of the said abominable crime of incest, that is to say, whatsoever person or persons they be that abuses their body with such persons in degree, as God's word has expressly forbidden, in any time coming, as is contained in the 18th chapter of Leviticus, shall be punished to the death.
[A1567/12/15]* [print] [email] [cite] [preceding] [following]
Item, our sovereign lord, with advice and consent of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, has statute and ordained that the holy bond of marriage made by all estates and sorts of man and woman to be as lawful and as free as the law of God has permitted the same to be done, without exception of person or persons; and has declared and declares that seconds in degrees of consanguinity and affinity, and all degrees outwith the same contained in the word of the eternal God and that are not repugnant to the said word, might and may lawfully marry at all times since 8 March 1558 [1559], notwithstanding any law, statute or constitutions made in the contrary; and ratifies and approves all the said marriages done since the said day and the bairns procreated, or to be procreated, in such marriage to be as lawful, as well toward their succession to lands, heritages or any other liberties as any bairns procreated in marriage, and to be reputed and esteemed in all time to come lawfully procreated in lawful marriage, notwithstanding any laws, statutes, constitutions or acts made, or to be made, in the contrary.
[A1567/12/16]* [print] [email] [cite] [preceding] [following]
Item, forasmuch as there have been diverse acts and statutes made of before that no manner of person nor persons should shoot with culverins, crossbow or hand-bow at any time at female deer, roe deer, harts, hinds, hares, rabbits, doves, heron or river fowl under special pains contained in the said acts and statutes, and notwithstanding the same and that no execution has followed of before upon the persons contraveners of the said acts, they are so lightly esteemed that the said beasts and fowl are at all times slain down and destroyed by such persons that neither have regard to the common welfare nor policy of the country; therefore, it is statute and ordained by our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates of this realm, that whatsoever person or persons of what estate, degree or condition that ever they be of, that if they, in any times coming, shoot with culverin, crossbow or hand-bow at female deer, roe deer, harts, hinds, hares, rabbits, doves, heron or river fowl within this realm, shall forfeit and lose their whole moveable goods, the one half thereof to our sovereign lord's use and the other half to be applied to the judge and apprehender of him that commits the crime, to be divided equally between them; and to that effect, ordains all sheriffs, stewarts, bailies of regality and all other ordinary judges, with such others as shall please our sovereign lord and his regent to give power and commission to, to call the contraveners of this present act at particular diets, and if they be convicted of the crime, to escheat all their moveable goods, to be applied in manner aforesaid; and if the committer of the crime be a vagabond not having goods, that the judge whom before he is convicted keep and hold him in prison for the space of forty days, and that for the first fault; and the next fault to cut off his right hand.
[A1567/12/17]* [print] [email] [cite] [preceding] [following]
Item, concerning the act made in parliament held at Edinburgh, 15 December 1564, wherein it was declared by act and authorised by our sovereign lord's dearest mother in the aforesaid parliament, declaring and finding her grace and her predecessors and posterity, princes of this realm, to have been and to be at the lawful and perfect age of 21 years complete. Nonetheless the said act being printed, the printer thereof has negligently omitted the form of act of parliament; therefore, our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates of this present parliament, has found the fault in the printer of the said act, and therefore ordains the same to be of new printed according to the principal act in the register of the said parliament held the day and year above-written, of the which the tenor follows: Concerning the article proposed to the queen's majesty and three estates of parliament, making mention of an act of parliament made by King James II of good memory, of the date 20 March 1437 [1438], and of another act made by King James IV in his revocation, making mention of 21 years of age, of the date 15 February 1489 [1490], as the said acts respectively at more length purport; desiring, therefore, our sovereign lady and three estates of this present parliament to declare the said acts and other acts following concerning the lawful and perfect age of the prince, if it be at 21 years complete; who have declared and declare that the queen's majesty's predecessors, kings of this realm, were by the said acts of lawful and perfect age at 21 years complete, likewise her highness, being of 21 years of age complete, is of perfect and lawful age, so that her highness, her predecessors and successors after the said age of 21 years complete might have done, and may do, all things that thereafter a prince of lawful and perfect age might have done, or may do, of the law.
[A1567/12/18]*[print] [email] [cite] [preceding] [following]
Item, concerning the article proposed by the earls, lords and other noblemen who took arms at Carberry Hill on 15 June 1567, and concerning their convening of before and of the cause of the apprehension of the queen, mother to our sovereign lord, and whether the said noblemen and others who took arms of before her said apprehension and who joined with them and assisted them at that time, or in any way since, have done the duty of noblemen, good and true subjects of this realm, and in no way offended nor transgressed the laws in that effect, or anything depending thereupon, either preceding or following the same; our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates and whole body of this present parliament, has found, declared and concluded and, by this present act, finds, declares and concludes that the cause and occasion of the conventions and messages of the said earls, lords, noblemen, barons and other faithful and true subjects, and consequently their taking of arms and coming to the fields with open and displayed banners, and the cause and occasion of the taking of the said queen's person on the said 15 June 1567, and holding and detaining her within the houses and fortalice of Lochleven, continually, since, presently and in all time coming, and generally all other things plotted, spoken, written or done by them, or any of them to that effect, since 10 February 1567, upon the which day the late Henry [Stewart, lord Darnley], king, then the said queen's lawful husband and our sovereign lord the king's dearest father, was treasonably, shamefully and horribly murdered, to the day and date of this present act and in all times to come, touching the said queen and detaining of her person, that the cause and all things depending thereon, or that in any way may pertain thereto, the intromission or disposing upon her property, casualties or whatsoever thing pertaining, or that in any way might pertain to her, was in the said queen's own default, in so far as by diverse of her privy letters, written wholly with her own hand and sent by her to James [Hepburn], sometime earl of Bothwell, chief executor of the said horrible murder, as well before the committing thereof as thereafter, and by her ungodly and dishonourable proceeding to a pretended marriage with him, suddenly and imprudently thereafter, it is most certain that she was privy, art and part of the actual devising and deed of the forenamed murder of the king, her lawful husband and father to our sovereign lord, committed by the said James, sometime earl of Bothwell, his accomplices and partakers and, therefore, justly deserves whatsoever has been done to her in any time past, or that shall be used towards her for the said cause in time coming, which shall be used by advice of the nobility, in respect that our said sovereign lord's mother, with the said James, sometime earl of Bothwell, lied about by indirect and coloured means to colour and hold back the knowledge of the truth of the committers of the said crime, yet all men in their hearts were fully persuaded of the authors and devisers of that mischievous and unworthy fact, awaiting until God should move the hearts of some to enter in the quarrel for revenging of the same; and, in the meantime, a great part of the nobility, upon just fear to be handled and demeaned in semblable manner as the king had been of before, perceiving also the queen so enthralled and so blindly affectionate to the private appetite of that tyrant, and that both he and she had conspired together such horrible cruelty, being therewith all garnished with a company of ungodly and vicious persons, ready to accomplish all their unlawful commandments, of whom he had a sufficient number continually awaiting upon him for the same effect, all noble and virtuous men abhorring their tyranny and company, but chiefly suspecting that they, who had so treasonably put down and destroyed the father, should make the innocent prince, his only son, and the principal and almost only comfort sent by God to this afflicted nation, to taste of the same cup (as the many invented purposes to pass where he was, and also where the noblemen were in), by their open confusion, gave sufficient warning and declaration, through which, the said earls, lords, barons and other faithful and true subjects taking arms, or otherwise whatsoever joining and assisting in the said action, and in the said conventions, displaying banners and coming to the fields, taking and retaining of the queen's person, as well in times past as hereafter, and all others that have thereafter, or shall in any time coming, adjoin to them, and all things done by them, or any of them, touching that cause, and all other things depending thereon, or that in any way may appertain thereto, the intromission or disposing upon her property or casualties, or whatsoever other things pertaining, or in any way might appertain to her, was in default of her self and the said James, sometime earl of Bothwell, and by the horrible and cruel murder of our said sovereign lord's late dearest father, conspired, devised, committed, concealed and coloured by them and not condignly punished according to the laws; and that the said earls, lords, barons and other true and faithful subjects convening at any convention bygone and now presently after the said murder, for furthering of the trial thereof; and also they, and all others that were on the fields, took arms, apprehended, held, kept or detained, or presently holds, keeps or detains her person, or shall thereafter, or that has joined or assisted or shall in any time hereafter join to them in that quarrel touching the premises, are, were and shall be innocent, free and acquitted of the same, and of all action and cause, criminal and civil, that may be intended or pursued against them, or any of them therefore in any time coming; and that a part of the three estates aforesaid, prelates, bishops, great barons and burgesses gave their seals thereupon to be used as shall be thought most expedient by them for the honour of the realm and security of the noblemen and others having interest in the said cause; and decrees this declaration to be in no way prejudicial to the issue of our sovereign lord's mother, lawfully coming of her body, to succeed to the crown of this realm, nor their heirs.