On the fourth day of parliament
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The king being present.
†In the parliament of the most excellent prince James VI, king of Scots, in Edinburgh on 10 November in the year of the Lord 1579, by the said supreme lord our king and the three estates noted hereunder, together with the officers of parliament as on the preceding day, with Andrew Lindsay as law officer.
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†The which day Master Robert Crichton [of Eliock], advocate to our sovereign lord, asked instruments that he instantly produced, as he did of before on 21 October 1579, a summons of treason duly executed and endorsed against John, commendator of Arbroath, Claud, commendator of Paisley, James Hamilton of Woodhouselee, called James of Bothwellhaugh, John Hamilton, provost of Bothwell, Gavin Hamilton of Raploch, Robert Hamilton of Dalserf, David Hamilton of Monkton Mains, James Muirhead of Lauchope, John Hamilton of Shawton, Andrew Hamilton of Hailes, Robert Hamilton in Letham, John Hamilton of Kilbowie, Robert Balfour, brother to Sir James Balfour, sometime of Pittendreich, knight, Alexander Baillie and James Baillie, sons to Alexander Baillie of Littlegill, for certain crimes of treason and lese-majesty committed by them and every one of them for the causes pertaining in the said summons raised thereon, as at more length is contained in the same, of the which the tenor follows:
James, by the grace of God, king of Scots, gives greetings to our lyon king of arms, Islay, Albany, Ross, Rothesay, Snowdon, Marchmont, heralds, William Bryson, Gilbert Thornton, Archibald Douglas, John Ferguson, macers, Ormond, Bute, Unicorn, Carrick, pursuivants, William Forsyth and John Somerville, messengers, and whichever jointly and severally of our sheriffs in that part. We instruct and order you to summon lawfully and peremptorily before witnesses John Hamilton, commendator of Arbroath, Claud Hamilton, commendator of Paisley, James Hamilton of Woodhouselee, otherwise called James of Bothwellhaugh, John Hamilton, provost of Bothwell, his brother Gavin Hamilton of Raploch, Robert Hamilton of Dalserf, David Hamilton of Monkton Mains, James Muirhead of Lauchope, John Hamilton of Shawton, Andrew Hamilton from Hailes, Robert Hamilton from Letham, John Hamilton of Kilbowie, Robert Balfour, brother of Sir James Balfour, sometime of Pittendreich, Alexander Baillie, younger, of Littlegill, James Baillie, his brother, in person, if you are able conveniently to have their presence in person, otherwise at the places of their dwellings, or by public proclamation at the market crosses of our burghs of Edinburgh, Linlithgow, Stirling, Lanark, Forfar and other necessary places where they are, or dwell outwith our kingdom or having no fixed abode within it, at the said market crosses and other necessary places on 60 days' notice, in such a way that this kind of summons is likely to be able to reach their ears and notice. They are to appear before us or our justice on 21 October next in our parliament which begins in Edinburgh on 20 October at the time for pleas, with continuation of days, for the said persons or whomsoever of them to answer to us or to our justice in the said parliament for their acts of treachery, conspiracy, treason and plotting the unspeakable and detestable death and murder of our late dearest uncle James [Stewart], earl of Moray, lord Abernethy, regent to us, our kingdom and our lieges at the time, in the month of January in the year of the Lord 1569, and at various other times, in the castle and town of Hamilton and in various places lying around there, and further for their help, favour and assistance, art and part, offered and given through them and whomsoever of them in respect of the foresaid treacherous killing and murder, keeping it secret and concealing it, when indeed the said persons in the foresaid places on numerous occasions began their plan and endeavoured by whatever means or by the trickery of the forenamed to kill and strangle our uncle and regent. Eventually, knowing for certain that he was in our burgh of Stirling, they set out for there forthwith on the 22nd day of the said January through our town of Linlithgow to our burgh of Edinburgh, and immediately and without delay they determined and decided to kill him with a gunshot when he was passing through the said town of Linlithgow, because the process can be adequately established from their departure, for the same day the said James Hamilton of Woodhouselee, sufficiently instructed by the forementioned commendators to carry out the foresaid most dastardly crime, mounted a very swift horse in the sight of the same commendator of Arbroath, and took himself on the said horse to the said town of Linlithgow with as much diligence as he could, and there at that time he entered, secretly and in the silence of night, a house belonging to John [Hamilton], formerly archbishop of St Andrews, where he lay low and continued to hide as if in an extremely suitable place already chosen and prepared for the perpetration of the forementioned crime, until noon the following day, which was the 23rd of the same month of January; then, seeing in the distance our forementioned uncle and regent, who suspected no harm of this kind, passing the house, himself from the front step where he was standing at the time with traitorous intent, he pointed a long gun loaded with two lead balls and discharged it straight at his navel and belly, and by the discharge of these two balls with one shot his most noble and innocent body, in the middle of his entourage, was most cruelly wounded, such that shortly by that very blow or shot he died, to the great comfort of the cruel but to the serious grief of good people and a formidable disaster to our estate. After dishonourably perpetrating this crime by craft, guile and machination as mentioned above, immediately and without delay the same James Hamilton of Woodhouselee made his escape by the back door of the said house and through the garden at the rear, rushed to the forementioned horse which he had left tethered meantime in that garden in order to make his escape after committing the forementioned crime. In reality, as anticipated, after committing the same crime, by means of the speed of that same horse he saved himself and got away safely, and continued his flight and diligently pursued it, until at last he reached the rest of his forementioned accomplices who were at the time in the parts of the lands of Hamilton awaiting his arrival. When they saw him and learned the outcome that was greatly desired by them, they received him gladly, in respect of his outrageous and notorious deed. They freely accepted him into their fellowship, and maintained and sustained him over many months continuously after the commission of the foresaid crime, until eventually, through fear of punishment, he himself, together with the said John Hamilton, provost of Bothwell, his brother and partner in crime, fled overseas with the help of the rest of the conspirators, hence taking the foresaid treason and murder upon his own head. In verification of the foregoing, the late Arthur Hamilton from Myreton (who met his death in Stirling on 30 March last for his acts of treachery and crimes) openly confessed in the same burgh not only for several days before his accusation (and this in presence of certain of our lords of the privy council who had been directed by us to hear his explanation) but also during his actual accusation and even on the scaffold at the time of his execution, that the said commendators had been involved in the plot treacherously to murder our said uncle and regent, and that the said James Hamilton of Woodhouselee, in return for the perpetration of an unspeakable crime such as this, obtained infeftment of a hundred pound land of Monkton in which the said commendator of Arbroath had been infeft, and that he learned and understood all of this from the foresaid Claud, commendator of Paisley through his explicit statement in the forest of Hamilton after the death of our said uncle and regent, by affirming then at the said time and in the said place once to the said Arthur that he would never challenge the said James Hamilton of Woodhouselee in his possession of the said lands of Monkton for the reason that he had acquired them sufficiently dearly. Therefore it has been decided by us and by the three estates of our realm to decree and declare that the said conspirators or any of them have incurred the charge of lese-majesty, for seeing and hearing, on the basis of the foregoing. Secondly, the said persons or whoever of them for their acts of treachery, art and part, by their plotting, help, assistance and approval through them or whomsoever of them, given and demonstrated in their most foul and nefarious and premeditated conspiracy against us, and our dearest grandfather formerly Matthew [Stewart], earl of Lennox, lord Darnley etc., at the time regent to us, our kingdom and our lieges in various ways at the end of August and at the beginning of September 15[7]1, when indeed the said conspirators at the time treasonably holding our castle and burgh of Edinburgh against us and our royal authority in the same place began, embarked on a plan, deliberated and finally decided on their own authority to lay violent hands upon us, our said grandfather and regent and other lords of our privy council, officials and loyal subjects who were at the time in our castle and burgh of Stirling, when we with the three estates of our realm were by reason of our parliament in the council chamber of the said burgh of Stirling, having begun but by no means finished. In order that this most criminal plot could be more easily brought into effect, those same conspirators with their accomplices to the number of 400 men or thereabouts, clad for war, with breastplates, helmets, 'calybeis', swords, daggers, shields, guns, pistols, lances, spears, axes and other equipment of war, on 3 September in the forementioned year all came together in our said burgh and castle of Edinburgh, to carry out what had probably been agreed among them and this in a challenge to law, because almost all of them, for their wrongdoings, had already been declared traitors. Thus, seeing themselves sufficiently armed and well organised to complete their said treasonable enterprise, they set out the same night to our said burgh of Stirling and as soon as they arrived at the foresaid burgh, which was on the 4th day of the same month of September, early in the morning and at dawn, they rushed in and stationed and placed their paid soldiers through each street in the same town so that no one could leave or keep watch. Then, thinking themselves safe, some of them began to plunder, some to kill. Until we were able to put up resistance to them, they plundered many of our good subjects of their buildings and goods, they killed with atrocity as many as they could who were fast asleep or not properly awake, signally the late Alexander Stewart, apparent heir of Garlies, George Ruthven, precentor of Dunkeld, James Douglas, Alexander Lindsay, Herbert Elder, Patrick Short, Robert Bell and Alexander Home, along with many others. But the foresaid conspirators, neither content nor sated with innocent blood, proceeded further to the horrible slaughter of our nobles, and therefore, after they kept our said grandfather and regent captive, they cruelly and treasonably killed him with a shot from a pistol, hence manifestly committing a detestable and unnatural parricide as a premeditated felony and committing acts against all justice, divine and human, and against all rule of law. Besides, these same notorious and convicted traitors persevered in their barbarous ferocity and accustomed cruelty, and hastened to slaughter the rest of our nobles, and to that end attacked from every angle their houses, in which they were defending themselves, continuously and to the extent that with terrible fire applied to their doors they forced them to come out, and laid bloody hands on them, particularly our most loyal kinsmen and councillors James [Douglas], earl of Morton, lord Dalkeith, etc., our chancellor, and the late Alexander [Cunningham], earl of Glencairn, lord of Kilmaurs, with many others whom without a doubt they they would have killed and strangled after they had been captured, if the staff of our said castle of Stirling, with some other loyal lieges of ours, had not gathered, armed and hastened to the aid and relief of our nobles. They eventually did that, and by shots from big guns and by force of arms forced the conspirators to take flight. As verification of the foregoing, their mercenary captains Bell and Calder had been captured in flight, and immediately convicted of the forementioned crimes of treachery, and shortly suffered the death penalty. And therefore, in order to see and hear them and each of them, with regard to the foregoing, decreed and discerned to have incurred the crime of lese-majesty by the three estates of our realm, the said three persons and each of them, for their treasonous stuffing, munition and detention, by them and others of their name, by their cause, mandate, assistance and approval, of the castles of Hamilton and Draffan, against us and our royal authority continuously from the following days until the subsequent days, namely, of the castle of Hamilton continuously from 5 May last, inclusive, until the 19th of the same, exclusive, and the said castle of Draffan continuously from the 6th of the said month of May, inclusive, until the 16th of the same month, exclusive, notwithstanding that the force of our other letters directed to John Calder, Bute pursuivant, as our officer and sheriff specially constituted in that part, it was lawfully commanded for the rendering, delivering and disclosing of the same castles, and immediately, without any delay, the letters were to be executed under pain of treason and lese-majesty, as is contained more fully in the execution of the said letters; yet to the scorn and contempt of our mandate and request, they refused to render, deliver and disclose the said castles to our officer executing the said letters for the time, but treasonably detained the said castles, expressly contrary to the tenor of our aforesaid letters, by themselves and others of their name, from their mandate, assistance and approval, as aforesaid, continuously from the 5th and 6th of the aforesaid month of May inclusive and respectively until the said 16th and 19th of the aforesaid month of May, exclusive and respectively, until finally, by force of arms and fear of violence, they were forced to cede and deliver the aforesaid castle, to the great expense of our lieges, violation of law and contempt of our authority. And in respect of the foresaid and many other rebellions, transgressions and other treasonable crimes committed impiously and notoriously by the forenoted conspirators against us, our kingdom, and our royal authority, on the said day, with continuation of days, and in the said place they are to compear, show themselves, and submit to the law, and our judgment and that of our parliament following the laws of our kingdom is to be awaited and undergone, and it has been decided by us and the three estates of our realm and stated that it be decreed and declared that the said conspirators be seen and heard and to have incurred the charge of lese-majesty. Accordingly their goods, both movable and immovable, lands and offices, and other things relating to them are to be confiscated by us, and are to remain perpetually in our ownership. Their persons are to suffer the penalty of treason and of the ultimate punishment inflicted by the laws of our kingdom. Furthermore they have to answer the foregoing and obey the law, by intimating to the forementioned conspirators and whomsoever of them that whether they compear on the said day and in the said place with continuation of days, or not, we and our said justice will proceed in regard to the foregoing by the application of justice. You are to hand this present letter duly executed and endorsed to the bearer of the same. You who have been executing the present letters are to be there on the said day and in the said place in presence of us or our said justice, bearing testimony of your summons in writing for the foregoing or witnesses themselves. To carry this out we give authority in this regard to you and to any of yours, jointly and severally. Given under evidence of our great seal at Edinburgh on 27 June in the year of the Lord 1579 and in the twelfth year of our reign.
Follows the executions and endorsements of the said summons on 27 July 1579, being Monday and the market day of the burgh of Edinburgh:
I, John Calder, Bute pursuivant, sheriff in that part within constituted, passed at command of these our sovereign lord's letters to the market cross of the said burgh, as the head burgh of this realm, and there, by open proclamation, I lawfully and peremptorily, with sound of trumpet and displayed coat of arms, summoned John, commendator of Arbroath, Claud, commendator of Paisley, James Hamilton of Woodhouselee, called James of Bothwellhaugh, John Hamilton, provost of Bothwell, his brother, Gavin Hamilton of Raploch, Robert Hamilton of Dalserf, David Hamilton of Monkton Mains, James Muirhead of Lauchope, John Hamilton of Shawton, Andrew Hamilton in Hailes, Robert Hamilton in Letham, John Hamilton of Kilbowie, Robert Balfour, brother to Sir James Balfour, sometime of Pittendreich, knight, and this I did at the said cross because all the said persons were fugitive and, as I was credibly informed, for the most part out of this realm, to compear before our sovereign lord or his highness's justice on 21 October 1579, in his highness's parliament to begin at Edinburgh on 20 October, in the hour of cause, with continuation of days, to answer to his majesty and his justice in his said parliament upon the crimes of treason and lese-majesty within contained, after the form and tenor of this summons, whereof I affixed a copy upon the market cross aforesaid. And this I did before these witnesses: William Porteous, John Brown, William Forsyth, John Arnott, messengers, Peter Hewat, writer, Neil Kay, his servant. And for the more witnessing to this my execution, my signet is affixed and subscribed with my hand. It is thus subscribed, John Calder, Bute pursuivant.
On 30 July 1579 and 31 July 1579 respectively the year of God above-written, I, the said John Calder, Bute pursuivant and sheriff forenamed, passed at command of these our sovereign lord's letters and lawfully and peremptorily summoned John, commendator of Arbroath at his dwelling place in the town of Hamilton, where his wife and family make residence, Gavin Hamilton of Raploch at his dwelling place thereof, where his wife and family make residence, James Muirhead of Lauchope at his dwelling place thereof, where his wife and family make residence, James Hamilton of Woodhouselee, alias Bothwellhaugh, and David Hamilton of Monkton Mains at their dwelling places in Bothwellhaugh, where both their wives and families make their residence, because I could not apprehend any of the said persons personally, and delivered an authentic copy hereof to each one of their said wives, who refused to receive the same in their names; Claud, commendator of Paisley, at his dwelling place thereof, Robert Hamilton of Dalserf, at his dwelling place thereof, Andrew Hamilton in Hailes, at his dwelling place thereof, John Hamilton of Kilbowie, at his dwelling place thereof, Robert Hamilton in Letham, at his dwelling place thereof, John Hamilton of Shawton, at his dwelling place in the Newton of Cambuslang, John Hamilton, provost of Bothwell, at his dwelling place in Bothwellhaugh, because I could apprehend none of them personally, and affixed an authentic copy hereof upon the principal gate of each one of their said dwelling places after knocking there, according to the act of parliament, to compear before our sovereign lord and his highness's justice on 21 October 1579, in his highness's parliament to begin at Edinburgh on 20 October 1579, in the hour of cause, with continuation of days, to answer to his majesty or his justice in his said parliament upon the crimes of treason and lese-majesty within contained after the form and tenor of this summons in all points. And this I did before these witnesses: John Arnott, messenger, and Robert Towers. And for the more witnessing to this my endorsement, subscribed with my hand, my signet is affixed. It is thus subscribed, John Calder, Bute pursuivant.
On 1 August 1579, I, the said John Calder, Bute pursuivant and sheriff in that part before written, passed at command of these our sovereign lord's letters to the market cross of the burgh of Lanark; and on 3 August 1579 to the market cross of the burgh of Ayr; and on 4 August 1579 to the market crosses of the burghs of Rutherglen, Renfrew and city of Glasgow; and on 6 August 1579 to the market cross of the burgh of Stirling; and on 7 August 1579 to the market cross of the burgh of Linlithgow; and by open proclamation at the market crosses aforesaid respectively, with displayed coat of arms, lawfully and peremptorily summoned the said John, commendator of Arbroath, Claud, commendator of Paisley, James Hamilton of Woodhouselee, called James of Bothwellhaugh, John Hamilton, provost of Bothwell, his brother, Gavin Hamilton of Raploch, Robert Hamilton of Dalserf, David Hamilton of Monkton Mains, James Muirhead of Lauchope, John Hamilton of Shawton, Andrew Hamilton in Hailes, Robert Hamilton in Letham, John Hamilton of Kilbowie, Robert Balfour, brother to Sir James Balfour, to compear before our sovereign lord or his highness's justice in his highness's parliament, day and place within contained, to the effect within mentioned, after the form and tenor of this summons in all points, whereof I affixed an authentic copy on each one of the said market crosses. And this I did before these witnesses: John Arnott, messenger, and Robert Towers. And for the more witnessing to this my endorsement, subscribed with my hand, my signet is affixed. It is thus subscribed, John Calder, Bute pursuivant.
On 7 September 1579 aforesaid, I, the said John Calder, Bute pursuivant and sheriff in that part within constituted, at command aforesaid, lawfully and peremptorily summoned James Baillie, son to Alexander Baillie of Littlegill, elder, at his dwelling place of Lamington because I could not apprehend him personally, and after I had knocked nine times at the gate thereof, I affixed a copy of this summons thereon; and immediately thereafter I passed to the market cross of Lanark, and there, by open proclamation and displayed coat of armour, lawfully and peremptorily summoned Alexander Baillie of Littlegill, younger, and the said James Baillie, his brother, to compear before our sovereign lord or his highness's justice on 21 October 1579 in his highness's parliament to be held at Edinburgh on 20 October 1579, in the hour of cause, with continuation of days, to answer to his highness or his said justice upon the crimes of treason and lese-majesty within contained, after the tenor of these letters in all points, whereof I affixed a copy upon the said cross before these witnesses: James Boyd and Roland Muir. And for the more witnessing to this my endorsement, subscribed with my hand, my signet is affixed. It is thus subscribed, John Calder, Bute pursuivant.
On 10 September 1579, I, the said John Calder, Bute pursuivant, lawfully and peremptorily summoned Alexander Baillie, younger, and James Baillie, sons to Alexander Baillie of Littlegill, elder, by open proclamation, with displayed coat of armour, at the market cross of Perth, to compear before our sovereign lord or his highness's justice in his highness's parliament, day and place within written, in the hour of cause, to the effect within mentioned, after the tenor hereof in all points, whereof I affixed a copy on the said market cross before these witnesses: William Marshall, messenger, James Boyd, Robert Towers and Andrew Brown. And for the more witnessing to this my endorsement, subscribed with my hand, my signet is affixed. It is thus subscribed, John Calder, Bute pursuivant, on 9 September 1579 written therein.
I, John Somerville, messenger, another of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters and lawfully and peremptorily summoned Alexander Baillie of Littlegill, younger, at his dwelling place of Seton because I could not apprehend him personally, and affixed a copy of this summons on the gate thereof after nine times knocking there; and immediately thereafter I summoned the said Alexander Baillie of Littlegill, younger, and James Baillie, his brother, by open proclamation at the market cross of Haddington, to compear before our sovereign lord or his highness's justice in his highness's parliament, day and place within contained, in the hour of cause, to the effect within mentioned, after the form and tenor of this summons, whereof I affixed a copy on the said cross before these witnesses: William Forsyth and Archibald Turnet. And for the more witnessing to this my endorsement, subscribed with my hand, my signet is affixed. It is thus subscribed, John Somerville, messenger.
On 4 August 1579, I, William Forsyth, messenger and one of the sheriffs in that part within constituted, passed at command of these our sovereign lord's letters and lawfully and peremptorily summoned Robert Balfour, brother to Sir James Balfour, sometime of Pittendreich, knight, at the said Robert's dwelling place of Grange because I could not apprehend him personally, and delivered a copy of this summons to the said Robert's wife, who received the same in his name. And also that same day I passed to the market cross of Cupar in Fife, as the head burgh of the shire where the said Robert dwells, and there, by open proclamation, summoned him to compear before our sovereign lord or his highness's justice, day and place written therein, to answer upon the crimes of treason and lese-majesty within stated, after the form and tenor of this summons, of the which I affixed a copy on the said market cross. And this I did before these witnesses: Thomas Moyes, James Cathreis and Cuthbert Young, with diverse others. And for the more verification to this my endorsement, subscribed with my hand, my signet is affixed. It is thus subscribed, William Forsyth, messenger, with my hand.
On 5 August 1579, I, the said William Forsyth, messenger, sheriff in that part aforesaid, passed at command of these our sovereign lord's letters and lawfully and peremptorily summoned John, commendator of Arbroath at his dwelling place of Arbroath because I could not apprehend him personally, and affixed a copy of this summons on the gate thereof after I had knocked 10 or 12 knocks thereat; and because, as I was surely informed, the said commendator was out of this realm, I passed therefore the day aforesaid to the market cross of the burgh of Forfar, which is the head burgh of the shire where his said dwelling place is, and there, by open proclamation, lawfully and peremptorily summoned the said commendator to compear before our sovereign lord or his highness's justice in his majesty's parliament, day and place written within, to answer upon the crimes of treason and lese-majesty within stated, after the form and tenor of this summons in all points, of the which I affixed a copy on the said market cross. And this I did before these witnesses: Master Archibald Pearson, Walter Lindsay, John Wood, messengers, Balthazar Spence, Cuthbert Young and George Lovell. And for the more witnessing to this my endorsement, subscribed with my hand, my signet is affixed. Thus it is subscribed, William Forsyth, messenger, with my hand.
Which summons, with the executions and endorsements thereof, being read in presence of the king's majesty and three estates of parliament, first in Latin and thereafter in Scots, and the whole persons, defenders above-written, being called sundry times at the tolbooth window to have compeared and answered to the said summons and none of them compearing, the said advocate, for probation of the executions and endorsements of the said summons, repeated the depositions of John Calder, Bute pursuivant, John Somerville and William Forsyth, messengers, Robert Towers, Roland Muir, James Boyd, Archibald Turnet and Cuthbert Young, witnesses inserted in the said executions and endorsements for proving thereof, and also of new this present day produced the same officers and witnesses contained in their said endorsements, who, being all personally present and sworn, declared by their oaths that the said officers and every one of them made the executions and endorsements in manner as is above-written, as the same bears, upon the days and places respectively specified therein, as the same purports; and likewise the aforesaid witnesses particularly above-written in like manner made faith that they were present, heard and saw the executions made in manner above-specified contained in the said endorsements and were required witnesses by the said officers respectively thereto; and immediately thereafter, the aforesaid whole persons, defenders, being of new called at the tolbooth window and not compearing, the said advocate asked instruments that he repeated the letters given under our sovereign lord's signet relaxing the said persons above-written from the process of horning, to the effect that they may compear and defend in the same cause, and of new produced the same letters; and likewise that he, for verifying of the first head of his summons, produced letters, where the aforesaid persons, being charged to answer regarding enquiries before the king and lords of secret council and for not compearing at the day appointed, were denounced rebels and put to the horn, whereby they accepted the crime; likewise produced the confession of the late Arthur Hamilton of Myreton, with the depositions of the witnesses sworn and examined before the lords of articles, and also repeated the notoriety of the deed concerning the slaughter of the Earl of Moray; and likewise produced for verification of the second part of the said summons concerning the slaughter of the Earl of Lennox, the said letters of horning, the depositions of the said witnesses and forfeiture given against the said persons of before, and also repeated the notoriety of the deed of the slaughter of the Earl of Lennox; and in like manner, for verification of the third head of the said summons, produced the letters duly executed against the said persons for delivering of the castles of Hamilton and Draffan, with the depositions of the witnesses, which he repeats as of before with the notoriety of the deed, and thereupon asked instruments and desired further process in the said matter. And thereafter the said persons being of new called, as of before, at the said tolbooth window and none of them compearing, and the summons being read as said is, with the executions and endorsements thereof, with the whole writs and probations above-written produced by the said advocate for proving of the whole points and articles contained in the said summons, and first the lords of articles being advised therewith and now presently the king's grace and three estates of this present parliament seeing and considering the said whole probations and they therewith being ripely advised, it is found by the king's grace and three estates that the whole three reasons of the said summons were relevant and sufficiently proven against the particular persons respectively above-written, each one for their own parts as follows. Here follows the doom pronounced by the mouth of Andrew Lindsay, dempster of this present parliament, lawfully chosen and sworn of before to that effect:
This court of parliament shows for law that the said John, sometime commendator of Arbroath, Claud, sometime commendator of Paisley, James Hamilton, sometime of Bothwellhaugh, and John Hamilton, sometime provost of Bothwell, his brother, and each one of them respectively for their own parts, have committed and done treason against our sovereign lord, upon the first reason and article contained in the said summons of treason concerning the murder of the Earl of Moray, as the same bears; and likewise that the said John, sometime commendator of Arbroath, and Claud, sometime commendator of Paisley, have also committed and done treason concerning the last reason pertaining in the said summons concerning the withholding of the castles of Hamilton and Draffan; and in like manner find and declare that the said Claud, sometime commendator of Paisley, Gavin Hamilton, sometime of Raploch, Robert Hamilton, sometime of Dalserf, James Muirhead, sometime of Lauchope, David Hamilton, sometime of Monkton Mains, John Hamilton, sometime of Shawton, Andrew Hamilton, sometime in Hailes, Robert Hamilton, sometime in Letham, John Hamilton, sometime in Kilbowie, Robert Balfour, brother to Sir James Balfour, sometime of Pittendreich, knight, James Baillie and Alexander Baillie, sons to Alexander Baillie of Littlegill, elder, and every one of them respectively for their own parts, have committed and done treason against our said sovereign lord upon the second reason and cause above-written pertaining in the said summons concerning the murder and slaughter of the late Matthew, earl of Lennox, grandfather to our said sovereign lord. For the which causes, the aforesaid whole persons above-written, and every one of them, have justly forfeited their lives, lands, benefices and goods, moveable and unmoveable, forever, and therefore decree and declare their dignities, names and memory to be perpetually extinct and their arms to be put out of the book thereof, so that they and every one of their posterity, according to the laws of this realm, to be from this time forth unable and incapable to bear offices, benefices, honours or dignities within the same; and also all their goods, lands, heritages, benefices, offices and others whatsoever pertaining to them, or any of them, to be confiscated to remain with our said sovereign lord in perpetuity for ever, and they and every one of their persons to underlie the pain of treason and highest punishment appointed by the laws of this realm for the causes aforesaid; and this I give for doom. Upon the which declaration and pronunciation, the said Master Robert Crichton, advocate aforesaid, asked instruments.
[1579/10/17]*[print] [email] [cite] [preceding] [following]
Concerning the supplication given in by Jean Dishington, youngest daughter and one of the two heirs of the late Paul Dishington, fiar of Ardross, making mention that where after the decease of her said late father, her ward and marriage came to the disposition of the late James [Hamilton], duke of Chatelherault, earl of Arran, lord Hamilton, protector and governor of this realm for the time, who also obtained possession of her person, being then an infant; and before she had discretion or conference with her friends to choose an agreeable party, she was married to Gavin Hamilton, sometime of Raploch, by the space of 15 years since, long before any crime committed by him, with which he is now charged. Nonetheless, upon the occasion of his unhappy being at Stirling the time of the decease of our said sovereign lord's dearest grandfather, her said husband is now fugitive, his living and all the portion of land which fell to her by decease of her said late father has come in our said sovereign lord's hands, the said Jean lately falling to a small portion thereof by composition by the advice of friends, namely, the mains of Kirkpottie, with mill thereof, the lands of Tollennoquheis and Dewglie, with the mill thereof, as the decreet arbitral and contract of division bears, upon the which she presented her supplication to our said sovereign lord and lords aforesaid, whereof she received his gracious answer ordaining her to produce the said decreet arbitral and contract of division before his highness's advocate to be seen and considered, that it being known in particular what lands should appertain to her properly, thereby our said sovereign lord, with advice of the lords aforesaid, would of mercy and piety assign the same to her for her lifetime, how soon the same should become in his highness's hands. According to the which ordinance, she produced the said decreet and contract to his majesty's advocate, who has considered them at length, and thereby understands the lands aforesaid to appertain to her properly, as he being required will manifest to his highness most humbly, therefore beseeching his majesty to have consideration of her former supplication and deliverance given thereupon, and that his highness of his mercy and piety will assign the said lands of her said late father's living pertaining to her properly as said is, and profits thereof for all the days of her lifetime, to her sustentation, that has come of honest parents, and to grant her power by herself and her procurators in her name to stand in judgement, and to pursue and defend all actions concerning her properly, especially toward her security of the said lands and that without consent of her said husband, notwithstanding his inability to authorise her in her said pursuit or defence, and to make an act of parliament thereupon, and his highness and his estates to interpose their authority thereto for the said Jean's better security, as at more length is contained in the said supplication. Which being seen and considered by the king's majesty and estates aforesaid, our sovereign lord, of his special mercy, clemency and piety, with advice of his said three estates of this present parliament, has assigned and assigns to the said Jean the said lands of Kirkpottie, with the mill, lying within the sheriffdom of Perth, and the lands of Dewgleis and Tollennoquheis, with the mill thereof, lying within the sheriffdom of Kinross, with all their houses, places, mills, parts and pendicles thereof, which were one part of her said late father's living pertaining to her in division and profits thereof for all the days of her lifetime, to her sustentation, who is become of honest parents. And further, our said sovereign lord, with advice aforesaid, gives and grants full power and licence to the said Jean that she may, by herself and her procurators in her name, stand in judgement before whatsoever judge or judges within this realm, and pursue and defend all actions concerning her properly, especially toward her security of the said lands during her lifetime as said is, and that without consent of her said husband, notwithstanding his inability, and authorises the said Jean in her said pursuit and defence; and for her better security, our said sovereign lord and estates aforesaid have interposed and interpose their authority thereto, providing that the said Jean behaves herself as a loyal and obedient subject to our sovereign lord and that she in no way reset, supply, assist or communicate with any declared or that hereafter happen to be declared traitors, as culpable and guilty of the murders perpetrated in the persons of [Matthew Stewart, earl of Lennox], our said sovereign lord's dearest grandfather, and [James Stewart, earl of Moray], uncle, his highness's regents for the time, and ordain letters to be directed to make publication hereof, if need be, in the appropriate form.
[1579/10/18]*[print] [email] [cite] [preceding] [following]
Concerning the supplication given in by Dame Margaret Lyon, countess of Cassilis, making mention that where it pleased our sovereign lord of piety and compassion to give and grant to her, her heirs and assignees not being of the blood nor surname of John Hamilton, sometime commendator of Arbroath, now her spouse, the escheat of all and sundry goods, gear, jewels and garments properly pertaining to his own person, as also of all and sundry mails, ferms, kanes, customs, rents, duties of all lands, lordships, baronies, mills, woods, fishings, tacks, steadings, rooms, possessions, as well of lands as others, and debts whatsoever which properly pertained to her by reason of conjunct fee, liferent, terce, tack, assedation or otherwise, by whatsoever right or title acquired by her before the contracting of marriage with the said commendator and not being of his living, and now pertaining to our sovereign lord and being in his highness's hands by reason of escheat for the cause aforesaid, or any other cause or occasion preceding the date of the said letters of gift of all years and terms bygone resting owed, and likewise of all years and terms to come during his highness's will, with power and certain privileges especially expressed in the said gift, as the same of the date at the castle of Stirling, 28 June 1579, and of his highness's reign the twelfth year, at more length bears, most humbly requiring the same gift to be confirmed and his majesty's grace and favour therein contained to be continued to her during her lifetime by his highness, with advice of his estates in this present parliament. In respect whereof, our sovereign lord, with advice and consent of his said three estates, of his mere mercy, grace and favour, ratifies and confirms the said gift and disposition made to the said Dame Margaret in manner and to the effect above-written in all points, privileges, passes, clauses and contents thereof, and by the tenor hereof gives, grants and conveys the same of new to her during her lifetime, and declares that this present act, ratification and disposition aforesaid shall stand as a law and be viable in full effect and force for her security of the said gift and all things pertained therein during her lifetime as said is, providing that the said Dame Margaret in no way, by herself nor with another intervening person, reset, supply nor fortify any his highness's rebels which are declared, or shall happen hereafter to be declared, culpable and guilty of the murders of [Henry Stewart, lord Darnley], his majesty's late dearest father, [Matthew Stewart, earl of Lennox], grandfather, and [James Stewart, earl of Moray], uncle, his regents for the time, and ordains letters of publication to be directed hereupon, if need be, in the appropriate form.
[1579/10/19]*[print] [email] [cite] [preceding] [following]
Concerning the supplication given in by Margaret Cunningham, widow of the late James Cochrane of Barbachlaw and now spouse to James Muirhead of Lauchope, making mention that where marriage was completed between the said James Muirhead and her, she having no knowledge of any crime or offence done by him against our sovereign lord's authority or laws in any way, and now being summoned amongst certain others for certain crimes laid to their charge pertained in the summons of treason directed thereupon, such is the rigour of the law that the said Margaret will be excluded from the small rent and living pertaining to her through her said late first husband if the forfeiture proceeds against the said James, her last spouse, to her utter ruin, unless our sovereign lord's piety and mercy be extended towards her; and seeing she is innocent of all the crimes laid to the said James, her spouse, she has assured hope and confidence in his majesty's clemency and favour to be shown to her, as has been already extended to others being in the like misery and calamity, since she has no other thing to live on but that small rent pertaining to her said late first husband; therefore beseeching our said sovereign lord and lords of articles to have consideration hereof and of this her miserable state, and to take such good order as she may peaceably enjoy and have the use of all lands and possessions pertaining to her properly by decease of her said late spouse, with the goods and plenishing being therein, during her lifetime, to her necessary use and sustentation, and that she be not prejudiced nor hurt in the possession and using thereof through the forfeiture to be led against her said spouse, and to cause an act to be made thereupon as is appropriate, with provision and condition that the said James, her spouse, shall in no way be helped by her said living, and that she shall in no way reset, supply, assist nor communicate with any declared or that hereafter shall happen to be declared traitors, as culpable and guilty of the murders perpetrated in the persons of [Henry Stewart, lord Darnley], our sovereign lord's late father, and [Matthew Stewart, earl of Lennox and James Stewart, earl of Moray], his two regents, as at more length is contained in the said supplication. Which being seen and considered by the king's majesty, with advice of the three estates of this present parliament, decrees and declares that the said Margaret Cunningham shall peaceably enjoy and have the use of all lands, rents and possessions pertaining to her properly by the decease of the said late James Cochrane, her spouse, with the goods and plenishing being therein during her lifetime to her necessary use and sustentation, and that she be not prejudiced nor hurt in the enjoyment and use thereof through the forfeiture led against the said James Muirhead, sometime of Lauchope, providing that the said Margaret behave herself as a loyal and obedient subject to our sovereign lord and that she in no way reset, supply, assist or communicate with any declared or that hereafter shall happen to be declared traitors, as culpable of the murders perpetrated against the persons of our sovereign lord's dearest grandfather and uncle, his highness's regents for the time.
[1579/10/20]*[print] [email] [cite] [preceding] [following]
†Forasmuch as by the acts, laws and constitutions of this realm made by our sovereign lord's most noble progenitors, the crimes of treason and lese-majesty have been most severely punished, not only in the persons of the actual committers thereof, but also in the persons of their posterity, which, for the faults of their progenitors, were declared to be unable to claim any heritages, lordships, lands or possessions within this realm; and that in treasons which are not of so great weight and gravity as are the treasons committed in the shameful and detestable murders of our sovereign lord's late dearest father and his two regents and, therefore, in the horror of the said detestable murders and to the terror of others to commit the like in time coming, it is statute and ordained by our sovereign lord, with advice of his three estates of this present parliament, that the bairns, as well natural as lawfully procreated or to be procreated of the persons following, namely, of James [Hepburn], sometime earl of Bothwell, James Ormiston, sometime of that Ilk, John Hay, sometime apparent heir of Tallo, John Hepburn, called John of Bolton, Sir William Maitland, sometime younger of Lethington, and Sir James Balfour, sometime of Pittendreich, knights, which are of a long time bygone convicted for the detestable murder of our sovereign lord's late dearest father, John [Hamilton], sometime commendator of Arbroath, Claud [Hamilton], sometime commendator of Paisley, James Hamilton, called James of Bothwellhaugh, John Hamilton, sometime provost of Bothwell, his brother Gavin Hamilton, sometime of Raploch, Robert Hamilton, sometime of Dalserf, David Hamilton, sometime of Monkton Mains, James Muirhead, sometime of Lauchope, John Hamilton, sometime of Shawton, Andrew Hamilton, sometime in Hailes, Robert Hamilton, sometime in Letham, John Hamilton, sometime in Kilbowie, Robert Balfour, brother to the said Sir James Balfour, Alexander Baillie, sometime younger of Littlegill and James Baillie, his brother, who in this present parliament are convicted of the cruel murders of the said two regents respectively, shall not enjoy or claim any heritages, lordships, lands nor possessions within this realm, howsoever the same is or shall happen to be acquired, or to pertain to the said bairns since the committing of the said murders respectively, but the same heritages, lordships and lands shall pertain to our sovereign lord and be at his highness's disposition as escheat as freely in all respects as if the committers of the said abominable murders had been in title thereof themselves at the time of their committing respectively.
[1579/10/21]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice and consent of the three estates and whole body of this [par]liament, ratifies and approves all and whatsoever acts and statutes made of before by his highness, with advice [of his] regents in his own reign or his predecessors, concerning the freedom and liberty of the true kirk of God and religion now presently professed within this realm, and especially ratifies and approves the sixth act of his highness's parliament held in the first year of his highness's reign, entitled 'Concerning the true and holy kirk and of those that are declared not to be of the same', ordaining the same to be here inserted of new (because of some defection and informality of words in default of the printer) in this form: Our sovereign lord, with advice of his three estates and whole body of this present parliament, has declared and declares the ministers of the blessed evangel of Jesus Christ, whom God of his mercy has now raised up amongst us, or hereafter shall raise, agreeing with them that now live in doctrine and administration of the sacraments, and the people of this realm that professes Jesus Christ as he is now offered in his evangel, and do communicate with the holy sacraments as in the reformed kirks of this realm are publicly administered, according to the Confession of the Faith, to be the only true and holy kirk of Jesus Christ within this realm; and decrees and declares that all and sundry who other[wise] gainsays the word of the evangel, received and approved as the heads of the Confession of the Faith professed in parliament of before in the year 1560, as also specified and registered in the acts of parliament made in the first year of his highness's reign, more particularly does express, ratified also and approved in this present parliament, or that refuses the participation of the holy sacraments as they are now administered, to be no members of the said kirk within this realm and true religion now presently professed, so long as they keep themselves so divided from the society of Christ's body.
[1579/10/22]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the three estates of this present parliament, has declared and granted jurisdiction to the kirk, which consists and stands in the preaching of the true word of Jesus Christ, correction of manners and administration of the holy sacraments; and declares that there is no other face of a kirk nor other face of religion than is presently, by the favour of God, established within this realm, and that there be no other jurisdiction ecclesiastical acknowledged within this realm other than that which is, and shall be, within the same kirk, or that which flows therefrom concerning the premises. And further our sovereign lord, with advice of the three estates, has given and gives full power and commission to the noble and mighty lords after following: that is to say, James [Douglas], earl of Morton, lord of Dalkeith, Colin [Campbell], earl of Argyll, lord Campbell and Lorne, chancellor, Andrew [Leslie], earl of Rothes, lord Leslie, Robert [Douglas], earl of Buchan, lord Glendowachy,† Patrick [Adamson], archbishop of St Andrews, Robert [Pitcairn], commendator of Dunfermline, Mark [Kerr], commendator of Newbattle, Robert [Keith], commendator of Deer, Alexander [Colville], commendator of Culross, John Erskine of Dun, superintendent of Angus, Master John Spottiswood, superintendent of Lothian, Masters John Craig, James Lawson and David Lindsay, ministers, and Alexander Hay [of Easter Kennet], clerk register, to convene in Edinburgh on 11 April 1580, which is the morning after Low Sunday coming, to search forth more especially and to consider what other special points or clauses should pertain to the jurisdiction, privilege and authority of the said kirk, and to report their declaration thereupon to our sovereign lord and three estates of this parliament, so that they may take order thereto and authorise the same by act of parliament as shall be found agreeable to the word of God.
[1579/10/23]*[print] [email] [cite] [preceding] [following]
†Item, forasmuch as it is statute and ordained by a good and godly act made in the days of King James IV, our sovereign lord's great-grandfather of worthy memory, that there be no markets nor fairs held upon holy days nor yet within kirks or kirkyards upon holy days or other days under the pain of escheating of the goods, which act our sovereign lord and his three estates ratify and approve, and ordain the same to have effect and execution in time coming; and seeing that the Sabbath days are now commonly violated and broken, as well within burgh as to landward, to the great dishonour of God, by holding and keeping of the said markets and fairs on Sundays, using of handy labour and working thereon as on the remaining days of the week, by gaming and playing, passing to taverns and ale houses, and wilfully remaining from the parish kirk in time of sermon or prayers on the Sunday, therefore his majesty and his three estates in this present parliament statute and ordain that there be no markets nor fairs held upon the Sunday, nor yet within kirks or kirkyards that day or any other day under the pain of escheating of the goods to the use of the poor within the parishes, and likewise that no handy labouring or working be used on the Sunday, nor any gaming and playing, passing to taverns and ale houses, and selling of meat or drink, and wilfully remaining from their parish kirk in time of sermon or prayers on the Sunday be used under the pains following: that is to say, from every person for the handy labouring and working commonly used by the poorest sort, 10s, and for gaming, playing, passing to taverns and ale houses, selling of meat and drink and wilfully remaining from the parish kirk in time of sermon or prayers on the Sunday, from every person 20s, to be applied to the help and relief of the poor of the parish; and in case of the refusal or inability of any person offending in the premises to pay the said pains respectively, presently and immediately upon their apprehension or conviction after lawful trial, he or she shall be put and held in the stocks or such other engine devised for public punishment by the space of 24 hours; and for execution hereof, the king's majesty's commission of justiciary shall be granted to some person in every parish best affected and most able to perform the same at the request of the minister.
[1579/10/24]*[print] [email] [cite] [preceding] [following]
†Item, because sundry of the youth of this realm passing to the parts beyond sea become corrupt in religion, whereof great inconvenience may follow, therefore it is statute and ordained that all persons, the sons of noblemen, gentlemen or others pretending the cause of their departure to be for attaining to further knowledge in letters, shall, before their said departure, suit and obtain the king's majesty's licence to that effect, containing a provision that they shall remain constant in the profession of the true religion publicly preached and by law established within this realm, and do, nor procure, nothing to the prejudice thereof or of his highness and his authority under the pain of barratry; as also the said persons within the space of 20 days after their returning within this realm shall pass to the bishop, superintendent or commissioner of the kirks within the bounds where they arrive or happen to make residence and there offer to make and give the confession of their faith according to the true and Christian religion preached and by law established within this realm, or then within 40 days thereafter devoid and remove themselves out of this realm; wherein, if they fail, that they be admonished and pursued as the adversaries of the said true religion. And for such persons as are already out of this realm and have declined from the true religion, that the order appointed in the laws already made be used and executed against them according to the direction and tenor thereof in all points.
[1579/10/25]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained by our sovereign lord and his three estates in this present parliament that all gentlemen, householders and others worth 300 merks of yearly rent or above, and all substantial yeomen or burgesses, likewise householders, estimated to be worth £500 in lands or goods, be held to have a bible and psalm book in vulgar language in their houses for the better instruction of themselves and their families in the knowledge of God, within a year and a day after the date hereof, each person under the pain of £10; and that the provost and bailies of each burgh, and such person in every parish to landward as shall have the king's commission, search, inquire and try who fails herein; and they being convicted thereof, to uptake the said pain from everyone that fails, one third part to themselves for their pains and the two [other] parts to the help and relief of the poor of the parish.
[1579/10/26]*[print] [email] [cite] [preceding] [following]
†The king's majesty and three estates of this present parliament, understanding the great harm and inconvenience sustained by the labourers of the ground within this realm through the default of the teinding of their corns in due time by the malice of such as have title or tacks of their said teinds, often causing the said labourers of the ground, for default of teinding of their said corns in due time, to lose their corns or fall in the danger of having them plundered; for remedy whereof, our said sovereign lord, with advice of his said three estates, statutes and ordains that all persons having title or tacks to any teind sheaves and being in use of teinding, or intending in any way to lead the same, shall pass or send and cause teind the said corns until the same is ready, within eight days after the shearing thereof, which, if they delay, to do then at the end of the requisition underwritten. It shall be lawful to the owner of the said corns to take two honest neighbours sworn in presence of reputable witnesses and to teind his said corns, lead the stock from there and place the teind stacked upon the ground, which the owner of the said corns shall be held to keep undestroyed and eaten by beasts until 1 November thereafter, providing that he require teinding of the party having title or right to the said teind sheaves openly in the parish kirk upon three several Sundays before noon after the shearing of the said corns; which order, being duly and faithfully observed by the owner of the said corns, it shall be sufficient warrant and defence for him against all action of plunder that may be pursued against him for intromission with his said corns he teinded thankfully with the person having title or tack of his said teinds and making no impediment to the teinding and leading thereof in highways or upon any ground that is shorn.
[1579/10/27]*[print] [email] [cite] [preceding] [following]
†Forasmuch as there are sundry lovable acts of parliament made by our sovereign lord's most noble progenitors for putting an end to masterful and idle beggars, putting away of sorners and provision for the poor, bearing that none shall be forced to beg neither to burgh nor to land between 14 and 70 years, that such as make themselves fools and are bards or other such vagabonds, being apprehended, shall be put in the king's ward and irons so long as they have any goods of their own to live on; and for those that have not whereupon to live of their own, that their ears be nailed to the tron or to any other tree and their ears cut off and banished from the country; and if thereafter that they be found again, that they be hanged. Item, that none be forced to beg in a parish that are born in another, that the head men of each parish make tokens and give to the beggars thereof that they may be sustained within the bounds of that parish, and that none other be served with alms within that parish but those that bear that token only, as in the acts of parliament made thereupon at more length is contained, which in time bygone has not been put to due execution through the iniquity and troubles of the times past. And by reason that there was not heretofore an order of punishment so specially devised as need required, but the said beggars, besides the other inconveniences which they daily produce in the commonwealth, procure the wrath and displeasure of God for the wicked and ungodly form of living used amongst them without marriage or baptizing of a great number of their bairns; therefore now, for avoiding of these inconveniences and eschewing of the confusion of sundry laws and acts concerning their punishment standing in effect, and that some certain execution and good order may follow thereupon to the great pleasure of almighty God and the commonwealth of the realm, it is thought expedient, statute and ordained, as well for the utter suppressing of the said strong and idle beggars, so contagious enemies to the commonwealth, as for the charitable relieving of aged and impotent poor people, that the order and form following be observed: that is to say, that all persons being above the age of 14 and within the age of 70 years that hereafter are declared and set forth by this act and order to be vagabonds, strong and idle beggars, which shall happen at any time hereafter, after 1 January 1580, to be taken wandering and disordering themselves contrary to the effect and meaning of this act shall be apprehended; and upon their apprehension be brought before the provost and bailies within burgh, and in every parish to landward before him that shall be constituted justice by the king's commission or by the lords of regalities within the same to this effect, and by them to be committed in ward in the common prison, stocks or irons within their jurisdiction, there to be kept without letting to liberty or upon bond or surety until they be put to the knowledge of an assize, which shall be done within six days thereafter. And if they happen to be convicted, to be sentenced to be scourged and burned through the ear with a hot iron, the process whereof shall be registered in the court books, except if that some honest and responsible man will, of his charity, be content then presently to act himself before the judge to take and keep the offender in his service for a whole year next following, under the pain of £20 to the use of the poor of the town or parish, and to bring the offender to the head court of the jurisdiction at the year's end, or then good proof of his death, the clerk taking for the said act 12d only. And if the offender departs and leaves the service within the year against his will that receives him in service, then being apprehended, he shall be of new presented to the judge and by him commanded to be scourged and burned through the ear as is said before; which punishment, being once received, he shall not suffer the like again for the space of 60 days thereafter, but if at the end of the said 60 days he be found to be fallen again in his idle and vagabond trade of life, then, being apprehended of new, he shall be judged and suffer the pains of death as a thief. And that it may be known what manner of persons are meant to be strong and idle beggars and vagabonds and worthy of the punishment before specified, it is declared that all idle persons going about in any country of this realm using subtle, crafty and unlawful plays, such as magic fast and loose, and such others, the idle people calling themselves Egyptians, or any other that feigns themselves to have knowledge of prophecy, charming or other abused sciences, whereby they persuade the people that they can tell their wards' deaths and fortunes and such other fantastical imaginations; and all persons being whole and stark in body and able to work, alleging them to have been harried or burned in some far part of the realm, or alleging them to be banished for slaughter and other wicked deeds, and others neither having land nor master, nor using any lawful merchandise, craft or occupation whereby they may earn their livings, and can give no reckoning how they lawfully get their living, and all minstrels, songsters and tale-tellers not avowed in special service by some of the lords of parliament or great barons or by the head burghs and cities for their common minstrels, all common labourers, being persons able in body, living idly and fleeing labour, all counterfeiters of licences to beg, or using the same knowing them to be counterfeit, all vagabond scholars of the universities of St Andrews, Glasgow and Aberdeen not licenced by the rector and dean of faculty of the university to ask alms, all shipmen and mariners alleging themselves to be shipwrecked, unless they have sufficient testimonials, shall be taken, judged, esteemed and punished as strong beggars and vagabonds. And if any person or persons after the said 1 January 1580 give money, shelter or lodging, set houses or show any other relief to any vagabond or strong beggar, marked or not marked, wanting a licence of the provost and bailies within burgh or judge within that parish, the same being duly proven at the court, they shall pay such a fine to the use of the poor of the parish as by the judge at the court shall be modified so the same exceed not £5. And also if any person or persons disturb or hinder the execution of this act in any manner of way, or make impediment against the judges and ordinary officers or other persons travailing for the due execution hereof, they shall incur the same pain which the vagabond should have incurred in case he had been convicted; providing always that shipmen and soldiers landing in this realm, having licence of the provost or bailie of the town or judge in the parish where they were shipwrecked or first entered in the realm, shall and may pass according to the effect of their licences to the rooms where they intend to remain; and that the licences only serve in the jurisdiction of the giver, so that if the person travelling has further journey, he procure the like licences of the judge of the next parish or town through which he must pass, and so from parish to parish until he be at his resting place. And that there be certain persons, one or more, nominated in every parish and burgh by the officers and judge thereof for searching, receiving and convoying of the vagabonds to the common prison, irons or stocks upon the common charges of the parish, which persons so elected shall be held to do their duty diligently as the said judges will answer thereupon. And since charity would that the poor, aged and impotent persons should be as necessarily provided for as the vagabonds and strong beggars repressed, and that the aged, impotent and poor people should have lodging and abiding places throughout the realm to settle themselves into, it is therefore thought expedient, statute and ordained that the lord chancellor, according to the direction of sundry lovable acts of parliament heretofore made, shall call for the erections of all hospitals to be produced before him, and inquire and consider the present estate thereof, reducing them so far as is possible to the first institution as may best serve for the help and relief of the said aged, impotent and poor people. And also that the provost and bailies in each burgh and town, and the justice constituted by the king's commission in every parish to landward, shall between now and the said 1 January 1580 take inquisition of all aged, poor, impotent and decayed persons born within that parish or which were dwelling and had their most common resort in the said parish the last seven years past, which of necessity must live by alms; and upon the said inquisition shall make a register book containing their names and surnames, to remain with the provost and bailies within burgh and with the justice in every parish to landward. And to the effect that the number of the poor people in every parish may be known, statutes and ordains that all poor people within 40 days after the proclamation of this present act at the market cross of Edinburgh repair to the parish where they were born or had their most common resort or residence the last seven years past, and there settle themselves under the pain to be punished as vagabonds, contraveners of this present proclamation; and the said space of 40 days being past, that then the provost and bailies within burghs, and the judge constituted by the king's commission in each parish to landward, make a catalogue of the names of the said poor people, inquire of the men and women where they were born, whether they are married or unmarried, when and by whom they were married, and what bairns they have and where their bairns were baptized, and to what form and trade of life they address themselves and their said bairns, if they be diseased or whole and able in body, and what they get commonly in the day by their begging, and such as necessarily must be sustained by alms, to see what they may be made content of their own consent to accept daily to live on without begging and to provide where their remaining shall be, by themselves or in houses with others, with advice of the parishioners where the said poor people may be best lodged and to abide; and thereupon, according to the number, to consider what their needful sustentation will extend to in the week and then, by the good discretion of the said provosts and bailies and judges in the parishes to landward and such as they shall call to them to that effect, to tax and stent the whole inhabitants within the parish according to the estimation of their substance, without exception of persons, to such weekly charge and contribution as shall be thought expedient and sufficient to sustain the said poor people; and the names of the inhabitants valued together with their taxation to be likewise registered; and that at their discretion they appoint overseers and collectors in every burgh, town and parish for the whole year for collecting and receiving of the said weekly portion, who shall receive the same and deliver so much thereof to the said poor people and in such manner as the said provost and bailies in burgh and judges in the parish to landward respectively shall ordain and command; and that overseers of the said poor people that be appointed by their discretion to continue also for a year, and at the end of the year the taxation and valuation roll be always made of new for the alteration that may be through death or by increase or diminution of men's goods and substance. And that the provost and bailies in burghs or towns and the said judges in the parishes to landward shall give a testimonial to such poor folk as they find not born in their own parish or making residence therein the last seven years, sending or directing them to the next parish, and so from parish to parish until they be at the place where they were born or had their most common resort and residence during the last seven years preceding, there to be put in certain abiding places and sustained upon the common alms and weekly contribution as is before ordained, except leprous people and bedridden people who may not be transported, providing that it be permissible to the poor people so directed to their own abiding places with testimonials to ask alms in their passage, so as they pass the directed way, not resting two nights in any one place, unless occasion of sickness or storm impede them; and if any of the poor people refuse to pass and abide in the places appointed, or after the appointment be found begging, then to be punished by scourging, imprisonment or burning through the ear as vagabonds and strong beggars; and for the second fault to be punished as thieves as is before appointed. And if the persons chosen as collectors refuse the office, or, having accepted the same, is found negligent therein, or refuse to make their accounts every half year once at the least to the provost and bailies in burghs and the said judges in landward, and to deliver the surplus of that which rests in their hands at the end of the year or half year to such as shall be chosen collectors of new, then each one of the collectors so offending shall incur the pain of £20 to the use of the poor of that parish and imprisonment of their persons during the king's will, for which pains the said provost, bailies and judges shall poind and distrenzie. And if any persons being able to further this charitable work will obstinately refuse to contribute to the relief of the poor or discourage others from so charitable a deed, the obstinate and wilful person being called before the provost and bailies within burgh or judges in the parish to landward and convicted thereof by an assize or sufficient testimony of two honest and reputable witnesses, his neighbours, upon the supplication of the said provost, bailies and judges to the king's majesty and his privy council, the obstinate and wilful person or persons shall be commanded to ward in such part as his highness and his council shall appoint and there remain until he be content with the order of his said parish and perform the same in deed. And if the aged and impotent persons not being so diseased, lame or impotent, but that they may work in some manner of work, shall be by the overseers in any burgh or parish appointed to work and yet refuse the same, then first the refuser to be scourged and put in the stocks and for the second fault to be punished as vagabonds as said is. And if any beggar's child being above the age of 5 years and within 14, male or female, shall be liked by any subject of the realm of honest estate, the said person shall have the child by order and direction of the provost and bailies within burgh or judge in landward parishes, if he be a boy to the age of 24 years and if she be a girl to the age of 18 years; and if they depart or be taken or enticed from their master's or mistress's service, the master or mistress to have the like action and remedy as for their hired servant or apprentice as well against the child as against the taker and enticer thereof. And where collecting of money cannot be had and that it is too much of a burden to the collectors to gather victuals, meat and drink or other things for relief of the poor in some parishes, that the provost and bailies in burghs and the said judges in the parishes to landward, by advice of certain of the most honest parishioners, give licence under their hands to such and so many of the said poor people, or such others for them as they shall think good, to ask and gather the charitable alms of the parishioners at their own houses, so as always it be especially appointed and agreed how the poor of that parish shall be sustained within the same, and not to be chargeable to others nor troublesome to strangers. And seeing by reason of this present act and order the common prisons, irons and stocks of every head burgh of the shire and other towns are likely to be filled with a greater number of prisoners than of before has been accustomed, in so far as the said vagabonds and other offenders are to be committed to the common prison of the shire or town where they were taken, the same persons being in such towns where there are great numbers of poor people, more than they are well able to sustain and relieve, and so the prisoners are like to perish in default of sustenance, therefore the expense of the prisoner shall be paid by a part of the common distribution and weekly alms of the parish where he or she was apprehended, allowing to each person daily one pound of oatbread and water to drink; for payment whereof, the presenter of him or her to prison shall give surety or make present payment. And that the sheriffs, stewarts and bailies, lords of regalities and their bailies over all the realm see this present act put to due execution in all points within their bounds and jurisdictions respectively as they will answer to God and our sovereign lord thereupon, and whatever doubt or ambiguity shall happen to arise upon this present act, or any part thereof, our sovereign lord, with advice of his said estates, commits the interpretation, explanation and supplement and full execution thereof to his majesty with advice of his privy council.
[1579/10/28]*[print] [email] [cite] [preceding] [following]
†Forasmuch as the contempt of our sovereign lord's authority and of the laws and ordinary justice of the realm is the ground and fountain from which the most part of all confusion and disorder proceeds, and amongst other evils the disobedience of the process of horning is so great and common that the persons denounced as rebels take no fear thereof and the parties hurt and interested that have obtained decreets and letters with their infinite expenses and cost can get no execution nor redress; and albeit by one act and ordinance made by the lords of session it was provided that all officers immediately after their denunciation of any persons to the horn should pass to the sheriff of the shire where they dwelt and intimate to him the same, requiring him, in our sovereign lord's name and authority, to make a just inventory of all the said person's goods, to the effect that the same might be brought to his highness's use for their contempt, and that the said officers should deliver to the said sheriff an authentic copy of the said letters, with the execution of the same subscribed with their hand, and within eight days thereafter should pass to the treasurer or his clerks and deliver to them one other copy of the said letters, with the execution of the same, in like manner subscribed with the said officer's hands to the effect aforesaid, conforming to the said act and ordinance. Nevertheless, the same has been neglected for the most part and is in no way followed by the said officers, so that the impunity of such heinous attempts and open rebellion has brought our sovereign lord's authority in contempt and made the multitude of rebels so great that it shall be difficult to know them from the king's obedient subjects unless some hasty remedy be provided, notwithstanding that by the aforesaid ordinance of the lords of session and other lovable laws and acts of parliament established by his highness and his most noble progenitors, good order has been taken for avoiding of the said confusion, yet the negligence of the due execution thereof has bred this great inconvenience, which now our sovereign lord, for the furtherance of his obedience and universal good of his subjects, presently intends, as God shall grant opportunity, to remedy. Therefore his highness, with advice of his three estates in this present parliament, statutes and ordains that all letters of horning executed and endorsed, or that shall happen to be executed and endorsed before the publication of this present act, shall, within the space of 15 days after the publication thereof and in all time thereafter within the space of 15 days after the denunciation, be brought to the sheriff clerk of every sheriffdom who shall register the same in the sheriff books and deliver the principal letters again executed and endorsed, noted on the back, registered such a day and subscribed with his hand, and within 24 hours after the receipt thereof, shall receive from the party, owner and presenter of the said letters, for his labours only 6s 8d; the which letters and executions thereof so registered and subscribed on the back by the said sheriff clerk, or the copy thereof authentically extracted out of the said sheriff books subscribed by the said sheriff clerk, shall be esteemed as authentic, and shall have effect and force in whatsoever judgement they happen to be produced during the time that the party so denounced to the horn obtains for himself an orderly relaxation therefrom, which relaxation shall also be made publicly at the market cross of the shire where he dwells and where the denunciation of horning was made; and that the said relaxation and execution thereof shall be likewise registered in the said sheriff books within 15 days after the publication thereof at the said market cross and be also registered and subscribed on the back in manner aforesaid, otherwise the said letters of horning and relaxation shall in no way be held lawfully and orderly executed, but the executions thereof null. And that all sheriffs have honest, reputable men to their clerks who, by themselves or their sufficient deputes, shall be held to be always resident within the head burgh of the shire for receiving and registering of the said hornings and relaxations as they shall occur, and shall do the same truly and orderly within 24 hours under the pain of payment of the damage and interest that the party harmed happens to sustain in their default, at the sight and modification of the lords of council and session; and that each sheriff cause the names of the whole persons so denounced and remaining in his register to be openly published and proclaimed at the market cross of the head burgh of the shire upon the market days preceding the three head courts yearly, and affix the catalogue of their names both on the market cross and the tolbooth, that if any of them have actions to pursue they may be debarred from conducting them and names to be deleted out of the said catalogue until they be lawfully and duly relaxed from the horn. And that every sheriff, within the space of 15 days after the head court, send the catalogue of the names of the rebels registered in his books and a brief note of the causes for which they are denounced to our sovereign lord's treasurer or his clerk, who shall be held with all diligence to raise letters and cause take up the escheats of the rebels to our sovereign lord's use. And when our sovereign lord's comptroller, collector general or any other person presents letters of horning duly executed and endorsed to the said lord treasurer or his clerk for special sums of money or debt, the treasurer shall cause raise letters thereupon at his instance for taking up of the escheat directed either to the sheriff of the shire and his deputes or to officers of arms, as it may best serve, by advice of the complainer; of the readiest and first end of the which escheat, the party complainer shall be paid of his just debt, with the officer's expenses and the surplus of the said escheat to be brought in to his majesty's treasurer within the space of one month thereafter, providing that the party complainer and presenter of the letters to the treasurer make the first expenses upon the sheriff or officer that shall be directed for taking up of the said escheated goods until the escheat itself may relieve the said expenses, and then the same to be taken and allowed off the escheat. And in case the officer directed to take up of the said escheat is violently impeded and stopped in execution of his office, then, upon the complaint of the said lord treasurer or of the officer or party that wants payment of his debt, letters shall be directed by deliverance of the lords of council charging the sheriff of the shire or his deputes, or if it be understood that the sheriff will not or may not, charging some of the noblemen, barons or gentlemen of good power within the sheriffdom, best affected to the setting forth of our sovereign lord's authority and justice, to convene his highness's lieges in war-like manner, and to pass and concur with the said officer that before was impeded and stopped and see the command of the letters executed really and with effect before they depart of the ground where the said escheated goods remains; in the which execution, they shall have all freedoms, privileges and immunities that are granted by the laws of this realm to such persons as pursue the king's rebels to bring them to his laws, providing that this act nor nothing therein contained be prejudicial to the lords of regalities or their bailies, but they are to use and enjoy their right and privileges both in execution of letters and in taking up of escheats as they might have done before the making of this present act; and howsoever the escheat be taken up upon horning executed for sums of money, whether by the sheriffs and other ordinary judges by their own authority or at command of our sovereign lord's letters, that always the party complainer be first satisfied of his just debt with the officers' expenses.
[1579/10/29]*[print] [email] [cite] [preceding] [following]
†Concerning the complaint made to our sovereign lord and the three estates of this present parliament by the poor commons universally within this realm, making mention that where it is not unknown to his highness and his estates how James [Douglas], earl of Morton, lord of Dalkeith, in his late regiment, for good order to be had amongst his majesty's officers of arms and other parties that raised and pursued criminal letters upon slaughters, mutilations and other capital crimes, whereby a great multitude of accomplices were summoned and given in bill and such collusion used between the parties and officers aforesaid, executors thereof, that composition was taken for reporting of their names, to the great prejudice of his majesty, they being often known as guilty of the same crimes and yet could not be pursued at the diet appointed thereto; in respect, no surety was found for reporting of the said letters duly executed and endorsed upon the said accomplices, and therefore command was given by his highness's late regent aforesaid to the justice clerk and his deputes that no letters criminal in time coming should be directed nor passed by them for summoning of any accomplices to be given in bill by the parties, purchasers thereof, but that the whole persons complained upon should be nominated in the body of the principal letters. Nevertheless, it is of verity that diverse our sovereign lord's officers of arms aforesaid, without power or privilege granted to them by virtue of the said criminal letters, not only have summoned and daily yet summon diverse persons as accomplices given in bill and not nominated in the letters aforesaid, compelling through that a great part of the said accomplices to travel upon their sumptuous charges and expenses to his majesty's burgh of Edinburgh, and otherwise use such extortion that the subjects are compelled to give the said officers composition to report their names; likewise also to their great ruin and hardship, the said officers, by collusion of diverse parties, purchasers of the said letters, have summoned and daily yet summon such multitude of assizers to particular diets that, by composition received by the said officers from substantial persons whom they charged and draw forth of their ticket after they be summoned, there is by appearance of their extortion near as much profit and composition collected as would satisfy the parties against whom the crimes are committed, and no others are put in roll to compear upon the assize but a multitude of his highness's poor commons aforesaid who have not money to pay composition, to their great hurt, travail and expense, as also to the prejudice of his majesty's treasurer and advocates for his highness's interest which, for want of a sufficient number of assizers, are compelled to consent to the continuation of causes thereof. Therefore our sovereign lord, with advice of his three estates in this present parliament, statutes and ordains that the justice clerk and his deputes shall direct no letters in time coming for calling of any accomplices generally to underlie the law, but that the letters be upon special persons complained upon, and that no sheriff or officer of arms, executor of any criminal letters, presume or take upon hand to charge or use execution upon any accomplices given in bill over the bounds and direction of the letters, nor to summon any more persons upon an assize than 45, which he shall receive in roll from the party pursuer, subscribed with his hand; and shall annex the same roll unaltered or cancelled to the end of his execution, under the pain of 500 merks to be incurred by his surety and the said officer to be deprived of his office and to suffer further pains in his body and goods at our sovereign lord's will. And if any party pursuer finds that of necessity he must have a greater number summoned on the assize, upon his supplication the same shall be granted as it shall appear reasonable, in which case the officer may summon so many more upon the assize as he shall be directed by the letters and received in roll subscribed by the party without incurring the pain above-written.
[1579/10/30]*[print] [email] [cite] [preceding] [following]
†Forasmuch as the pains of breaking of lawburrows has been negligently taken up in times past by reason that the party offended to received no commodity by the pursuit of the action, therefore it is statute and ordained by our sovereign lord, with advice of his three estates of this present parliament, that the pains of breaking of lawburrows to be found in time coming shall be equally divided, the one half to our sovereign lord's use and the other half to pertain to the party offended to who shall have action to pursue for that.
[1579/10/31]*[print] [email] [cite] [preceding] [following]
†Forasmuch as sundry persons of mere malice and envy slander innocent persons and daily pursue them before the justice upon pains criminal, whereof the persons accused, being innocent, are acquitted and absolved by the assizes; and likewise sundry persons that either in their own names or by the king's advocates upon their information raise criminal letters and summon assizes from the far parts of this realm, often use to pass from the pursuit of the letters at the bar, to the great prejudice of our sovereign lord and trouble of his highness's lieges. For remedy whereof, our sovereign lord, with advice of his three estates in this present parliament, statutes and ordains that the said unjust pursuers shall pay the pains and penalties respectively following in case the persons accused happen to be acquitted of the crimes laid to their charge, to be equally divided between our sovereign lord and the party acquitted: that is to say, if the party acquitted be only one person, or more of or within the number of ten, the sum of £10; and if the number acquitted be past the number of ten, the sum of £20; and that doom be given thereupon before the justice without further calling and the pursuer held in ward until he makes payment. And if the king's majesty's advocate be the only pursuer, his informer to pay the pain aforesaid, and letters of confiscation or horning to be directed for payment thereof upon the sight of the act of adjournal without other calling or process of law. And that in time coming the justice clerk and his deputes at the granting of the letters take surety for again bringing of the letters duly executed and endorsed, and that the raisers thereof shall pursue the same letters at the day appointed under the pain contained in the acts of parliament.
[1579/10/32]*[print] [email] [cite] [preceding] [following]
†Because there are many and sundry brieves of perambulation raised within this realm, wherein the raisers and pursuers of the said brieves found themselves upon no bounds evident but intend to verify and prove their claim of the boundaries and marches of the lands debatable by the persons of inquest, being men of small rent or living and some of them having no heritage, and likewise by sundry persons who know not the lands debatable, neither yet dwell in the country near the same, thinking no objection may be made against them, so they be the good and faithful men of the country, which, as some think, is honest and faithful, having gear worth the king's unlaw and subjects of the realm wherever they dwell far or near, which, if it were true, men of no heritages should be judges and also witnesses to the property of lands and take away men's heritage and lands pertaining to them and judge the same to others who have little or no right to the same. Therefore it is statute and ordained that in all time coming in causes of perambulation no persons be received upon the inquest thereof but honest, substantial men having heritage of their own and who know best the boundaries of the said lands and dwell most closely to the same, to wit, within the sheriffdom where the said debatable lands lie (if they may be had within the same) and four halves about or four next shires if they cannot conveniently be had within the shire itself, and this to be universally observed when the brieve and claim of perambulation cannot be verified by a bound document nor other authentic writ.
[1579/10/33]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained by our sovereign lord, with advice of his three estates in parliament, that all contracts, obligations, reversions, assignations and discharges of reversions or additions thereto, and generally all writs importing heritable title or other bonds and obligations of great importance to be made in time coming, shall be subscribed and sealed by the principle parties, if they can subscribe, otherwise by two reputable notaries before four reputable witnesses denominated by their special dwelling places or some other evident tokens, that the witnesses be known to be present at that time, otherwise the said writs to make no faith.
[1579/10/34]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained by our sovereign lord, with advice of his three estates in parliament, that all actions of plunder, ejections and others of that nature be pursued before the ordinary judge within three years after the committing thereof, otherwise the pursuers alleged hurt never to be heard thereafter; providing that this act extends not to minors, but to pursue within three years after their perfect age.
[1579/10/35]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained by our sovereign lord, with advice of his three estates in parliament, that all actions of removing be pursued within three years after the warning; with certification if they fail, the warners shall never be heard thereafter to pursue the same upon that warning.
[1579/10/36]*[print] [email] [cite] [preceding] [following]
†Item, it is statute and ordained by our sovereign lord, with advice of his three estates in parliament, that all actions of debts for house mails, men's ordinars, servant's fees, merchant's accounts and other similar debts that are not founded upon written obligations be pursued within three years, otherwise the creditor shall have no action, unless he either prove by writ or by oath of his party.
[1579/10/37]*[print] [email] [cite] [preceding] [following]
†Forasmuch as there are sundry lovable and good acts made by our sovereign lord's most noble progenitors, especially by his grandfather King James V of good memory, concerning planting of woods, forests and orchards, sawing of broom, against the destroyers thereof, breakers of dovecots, rabbit warrens, parks, ponds, yards, orchards, slaying of hares, burners of muirland in forbidden times and sundry similar other things for punishment of the destroyers of planting, enclosure and policy, which acts our said sovereign lord, with advice of his three estates in this present parliament, ratifies, approves and confirms and ordains them to have effect and execution in time coming not only upon the contraveners thereof, but also upon the destroyers and stealers of bees and cutters and pullers of broom, with this addition: that whatever person steals, robs and destroys green wood or pulls or cuts enclosures, broom, breaks yards and orchards without the good will of the owner, that the offender being taken red-handed may be pursued and put to the knowledge of an assize before the baron or landlord of the lands and ground, whether the offender be his tenant to whom the wrong is done or not, within three days after the apprehension; and others not taken red-handed, to be always pursued before the sheriff, stewart or bailie within whose bounds and jurisdiction the wrongdoer dwells; and if he that receives the wrong and hurt be a sheriff, stewart or bailie himself, then the wrongdoer to be pursued before the unsuspected depute of the said sheriff, stewart or bailie receiving the wrong. And for the first fault, being convicted by his own confession or witness, shall pay to the owner of the wood, broom or yard the value of the harm done, together with £10; for the second fault shall pay to the said owner £20 and the value of it that is destroyed; and for the third fault shall pay to the said owner £40 and the value of it that is harmed; and from that time forth, so often as the offender fails, thereafter the said third penalty to be paid to the owner of the wood, broom or yards. But in case the committer of the wrong be not answerable, he shall for the first fault be put in the stocks, prison or irons for eight days on bread and water; and for the second fault 15 days; and for the third fault a month to lie in stocks as said is, and to be scourged at the end of the said month; and this without prejudice to be called at justice courts at our sovereign lord's instance according to the former use and old acts, and that the pains for breaking of the dovecots, rabbit warrens and parks be according to this present act and addition above-written. And in case the offenders be not answerable in goods for the said pains, for the first fault to be punished as is before written; and for the second fault the pain likewise above-expressed; and for the third fault hanging until dead.
[1579/10/38]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord and three estates of this present parliament ratify and approve all and sundry privileges, liberties, immunities and freedoms and acts of parliament made and granted in the time of whatsoever his majesty's most noble progenitors in any time past in favour of the burghs and burgesses thereof, and decree and declare all and sundry the said acts and constitutions to have full strength and effect in all time hereafter, and that the same be put to full and due execution in all points after the form and tenor thereof, and to stand as a perpetual law to the said burghs and burgesses and their successors in all time coming; and the lords of council and session to give and direct such letters at the supplication of the provosts, aldermen and bailies of burghs as are agreeable with the said laws and acts of parliament in all points.
[1579/10/39]*[print] [email] [cite] [preceding] [following]
†Forasmuch as diverse acts have been made by our sovereign lord's most noble progenitors in time past ordaining that the slayers of herring and white fish should bring the same to the adjacent burghs and towns where the persons, slayers thereof, dwell, to the effect that our said sovereign's lieges may be first served, and, if abundance occurred, that they might be sold and transported by free burgesses; and that the said acts, through negligence and oversight, have not received execution, through which our sovereign lord has been greatly defrauded of his customs, and his highness's lieges wanted the fruits of the sea appointed by God for their nourishment, and the burgesses and freemen of burghs disappointed of their traffic and commodity; therefore our sovereign lord and three estates of parliament ratify and approve all the said acts and constitutions made concerning the said herring and white fish and using thereof, especially the acts made in the time of the his highness's late dearest great-grandfather King James IV, of good memory, and by his majesty the time of the regiment of his right trusty cousin James [Douglas], earl of Morton, lord of Dalkeith, regent to his highness, his realm and lieges for the time, and ordain all and sundry the said acts to be observed and kept in all points after the form and tenor thereof and the contraveners of the same to be punished according thereto, and that all sheriffs, stewarts and bailies, lords of regalities, provosts, aldermen and bailies of burghs and judges ordinary whatsoever put the said acts to execution upon the contraveners thereof, and to that effect grant and give to them power and commission of justiciary, every one within the bounds of their own liberties and jurisdiction, and to take up the escheats of the contraveners being convicted, two parts to the king's majesty's use, and to make account thereof yearly in his highness's exchequer, and the third part of the same to the said judges, executors, for their travail and labours.
[1579/10/40]*[print] [email] [cite] [preceding] [following]
†Forasmuch as by an act of parliament made in the first year of our sovereign lord's reign it was statute and ordained that no manner of person or persons of whatsoever estate, degree or condition shoot with culverins, dags, pistols or any other guns or firearms in any part of this realm, neither to burgh nor to land, nor bear, wear or use any culverins, dags, pistols or any other such firearm upon their persons or in company with them privately or openly outwith houses without licence of our sovereign lord, under the pain of cutting off their right hand and further pains specified in the said act of parliament, as the same at length purports, which has not been put to due execution in time past by reason of the troubles intervening; and thereupon many have taken liberty to bear, wear and use culverins, dags, pistols and other firearms within burghs and other places of his realm, through which diverse of his highness's lieges have been shamefully and cruelly murdered, slain and hurt in redding† and otherwise, which were able enough to have made defence sufficiently for themselves at all times of pursuit; and some part of the occasion why the said act has not taken execution was by reason of the pain of death or dismemberment, which the ordinary judges have been loath to execute, therefore our sovereign lord and three estates aforesaid ordain the said act to be newly published and that no manner of person nor persons bear, wear, use nor shoot culverins, dags or pistols within burghs or outwith the same in time coming otherwise than the said act and exceptions thereof purport, under the pain of £10 money of this realm and the gun and armour they bear, to be paid by each person contravening and doing in the contrary, without prejudice of the other pains if the king's majesty will have the same executed; and for execution thereof, make and constitute the provosts, aldermen and bailies within burgh his majesty's justices in that part, every one within their freedoms and jurisdiction, with power to them to search, take and apprehend the offenders and contraveners and put them to the knowledge of an assize, and, being convicted, to hold them in ward until the pain aforesaid be paid; and to take likewise surety of the persons convicted, to forbear in time coming, under the double of the said pain; and the pain which being uplifted to be employed to the support of the poor; and this act to serve for sufficient commission to the said provosts, aldermen and bailies of burghs to the effect aforesaid.
[1579/10/41]*[print] [email] [cite] [preceding] [following]
†Item, our sovereign lord and three estates of parliament have ratified and approved and, by this act, ratify and approve all acts and constitutions made by his highness's most noble progenitors in time past, especially the acts made by his highness's late dearest grandfather King James V, of worthy memory, concerning forestallers and resellers of victuals, meat, poultry and other provisions coming to markets, and make and constitute the provosts, aldermen and bailies of all his highness's burghs his majesty's justices for execution of the said acts within the bounds of their own freedoms and jurisdictions and to take up the pains contained therein to be applied after the form and tenor thereof.
[1579/10/42]*[print] [email] [cite] [preceding] [following]
†Item, our sovereign lord and three estates of parliament, considering the hurt which has come to the commonwealth of this realm and lieges thereof by having and keeping of cruives and yairs, slaughter of red fish in forbidden time and smolts, and that diverse acts and constitutions have been made by his highness's most noble progenitors in time past toward the destruction and removal of the said cruives and yairs and eschewing of slaying of red fish and smolts, which acts have not received execution in time past, but have been neglected and overlooked, therefore ordain the said acts to be extended and have effect and execution in time coming against the transgressors thereof after the form and tenor of the same, as also against all that slay the said red fish in forbidden time by blazing torches, casting of rods or otherwise, or that destroy the smolts and fry of salmon in mill dams, or by small sacks, creels, trammel nets and other kinds of fishing nets, and that the landlords and owners of the said cruives and yairs between this day and 1 March 1580 put down and hold down the said cruives and yairs according to the said acts and under the pains contained therein; and if they fail therein, the said day being past, ordain and command his highness's treasurer to pursue and take up the said pain. And also ordain the sheriffs, stewarts and bailies in the shires, lords of regalities where the said cruives and yairs are and the provosts and bailies of the next burghs, jointly and separately, to pass with convocation of his majesty's lieges and cast down and destroy the said cruives and yairs and hold them down, as they will answer to our sovereign lord upon their obedience; and if need be, that letters be directed against them to that effect within ten days under the pain of rebellion; and if they fail, to put them to the horn. And this act to serve for sufficient commission to the said sheriffs, stewarts, bailies, lords of regalities, provosts, aldermen and bailies of burghs to the effect aforesaid, and that they in no way shall be called or accused therefore nor incur any hurt or danger from that in time coming. And commanding all our sovereign lord's lieges to rise, concur and assist to the said sheriffs, stewarts, bailies and their deputes, provosts, aldermen and bailies of burghs and their officers in putting of the said act to execution in all points after the tenor thereof. And for punishment of the slayers of red fish in forbidden time by blazing torches, casting of rods or otherwise, or destroyers of the smolts and fry of salmon in mill dams or by small sacks, creels, trammel nets and other kinds of fishing nets, that the sheriffs, stewarts, bailies and lords of regalities within their own jurisdictions proceed as ordinary justices and take up and execute the pains and escheats, two parts to the king's majesty's use, and the third part to themselves for their travails; and where the offenders have not gear worth the pains, to put and hold them in prison, stocks or irons for the space of one month upon their own expenses, or if they have it not, on bread and water.
[1579/10/43]*[print] [email] [cite] [preceding] [following]
†Item, our sovereign lord and three estates of parliament ratify and approve the act of parliament made in the reign of [Mary], the queen, his highness's dearest mother, concerning the transporting of coal out of this realm, and ordain the same to be put to execution in all points against the contraveners thereof after the form and tenor of the same, with this addition: that the revealer and apprehender of the contraveners of the said act and pursuers of them to be convicted for that shall have the third part of the escheat of the contraveners for their travails.
[1579/10/44]*[print] [email] [cite] [preceding] [following]
†Item, our sovereign lord and three estates, understanding that diverse and sundry his lieges, namely within burgh, are become so wilful, obstinate and malicious that they will not be content to pay and satisfy their neighbours and creditors of such debts as are owing justly to them without calling and compulsion of the law and extremity thereof, therefore statute and ordain that the party against whom decreet being given in burgh shall pay to the support of the poor 12d of every pound pertaining to that which is obtained and recovered before the judge, and also the expenses of the party, obtainer of the decreet, at the modification of the said judge; and if any party alleges, produces or gives in before the judge within burgh any defence or exception which has been of before proposed to the delay of his party, the producer thereof shall pay the sum and pain of 20s to be employed to the help of the poor, and that so often as failure be made, and this to extend as well to the procurator as principal party in time coming.