For the help and augmentation of the king's majesty's rents in his treasury and casualties

2Our sovereign lord, with advice and consent of the three estates of this present parliament, has statute and ordained that the treasurer shall not exceed £20,000 in a year in his discharge, with certification if he do, no supersederes will be granted for superexpenses in time coming.

Item, that his majesty's casualties shall not be given away in great quantity, as of the casualties of a whole country together, or the confirmation of the whole feus of any prelacy or of any special crimes.

Item, it is statute and ordained by our said sovereign lord, with advice and consent aforesaid, that all pecuniary pains of offenders shall be taken up in gold and silver at the value of the money when the acts were made or else augmented in the money now current, and the same regard to be had in making of compositions, taking the ground and example from the last year of the reign of King James V.

Item, it is statute and ordained that no remission nor respects shall be granted for the space of five years coming for burning of houses or corns, ravishing of women, incest, slaughter, murder committed on forethought felony, manifest falseness, hoching3 of oxen or horse or breaking of ploughs; and in case any such remission or respects be obtained thereupon within the said space at his highness's hands, ordains the justice criminal, his deputes and all other judges within this realm to proceed and do justice notwithstanding the aforesaid remissions or respects, likewise as if the same had never been granted nor produced.

Item, it is statute and ordained that in case any sheriff clerk within this realm refuses at any time hereafter to receive and register any letters of horning presented to them by whatsoever parties to that effect, or if the same be not duly registered after he had written 'extracted and registered' on the back thereof, and in case he send not yearly to the treasurer or his deputes a perfect inventory of the whole hornings registered each year in their books, or in case any other thing is done by the said sheriff clerks undutifully, that then and in those particular cases above-written, the same being lawfully tried, each sheriff clerk shall lose all his moveables to be escheated and applied to his highness's use, and the principal sheriff on every occasion shall be compelled to pay £100 to his highness in addition to the damage and interest of the party harmed thereupon, and to have his relief of the said sheriff clerk in that behalf.

Item, for the better and more sure serving of the king by officers of arms, it is statute and ordained that none be retained or hereafter admitted to that service but he that with his other injunctions shall find surety to be always furnished with a sufficient ready horse whereupon to serve his highness and lieges, and that his surety shall be answerable for the damage and interest of his falseness, sloth and informal doing in his highness's service or other parties, if any shall happen, and that the wage of an officer of arms on the day shall be 1 merk money summer and winter overhead.

Item, it is statute and ordained that no relief be componed for in time coming, but the true and full value thereof to be made account and payment of in the exchequer; and in case sheriffs, stewarts and bailies make not their accounts at the ordinary time of exchequer (beside the ordinary execution to pass against them thereof) that upon the sight of the book of receipt, letters be directed to charge the persons to whom precepts of sasine have been granted, or the sheriff and his deputes, at the option of the treasurer, or both to pay the sums contained in the books of receipt or to poind the sheriff or the party, if the party have not the sheriff's discharge thereof to show and produce.

Item, it is statute and ordained that all sheriffs in time coming make account to the exchequer of whatsoever escheats taken up and intromitted with by them within their jurisdictions, and that each sheriff charge himself specially with the same escheats in each exchequer yearly.

Item, it is statute and ordained that all special commissions of justiciary be made by signatories to pass the quarter seal in time coming, to the effect that books of receipt may be made thereupon after the ancient and lovable fashion; and that he who obtains a commission find surety at the chancellery that he shall, within forty days thereafter, report a testimony of his diligence, under the pain of £40; and that always no commissions be granted to proceed on slaughter but the justice general and his deputes to proceed thereupon.

Item, that the treasurer and advocate pursue slaughters and other crimes although the parties be silent or would otherwise privately agree, and that in justice ayres or particular diets the whole assizers be called for, and the absents to be amerced, to move them to make the better obedience.

Item, that no allowance be given in the treasurer's accounts in time coming at the accountant's risk, except where acquittances are presently shown and produced.

Item, it is statute and ordained that inferior accounts that should precede the treasurer's accounts and must enter in it be first heard.

Item, it is statute and ordained by the king's majesty's special will and direction that no precept for continuation of any justice court be admitted by the justice or his deputes in time coming.

Item, it is statute and ordained that no ratification be passed in parliament upon simple articles of private parties, but the matter desired to be ratified to be first passed by infeftment upon composition paid to the treasurer before any such matter be confirmed in parliament; and the same in no way to be passed or granted unless they be presented by the said treasurer or his deputes to that effect.

Item, it is statute and ordained that all sheriffs within this realm give in yearly at the first down sitting of the session to the lords of session the names of their deputes and clerks that they think to use for that year, namely 1 November each year; and likewise ordains letters to be directed charging each sheriff, under the pain of rebellion, with certification, etc., to find caution, burgesses indwellers within Edinburgh acted in the books of council, that they shall yearly make their accounts in the exchequer and pay all things resting owed to the king's majesty by virtue of their office.

  1. NAS, PA2/13, ff.101r-102r.
  2. Each of the following sections in this act are numbered in APS, but not in the manuscript. Each section has 'V.' written next to it in the margin, except the first item, regarding the treasurer, and the fourth item, regarding remissions, which have 'P.' next to them. The third item, regarding pecuniary pains, has no marginal letter.
  3. To disable by cutting the tendons of the hough or hamstring.