The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[1592/4/48]1
For furthering of the payment and bringing in of the king's casualties
2Because it is provided that criminal letters shall not need to be registered, but returned to the adjournal, therefore ordains and commands [Sir John Cockburn of Ormiston], justice clerk, and his deputes, within six days after criminal letters, with execution of any persons at the horn, be returned to them, to deliver the names denounced with a brieve note of the cause to the treasurer3 or [Alexander Hay of Easter Kennet], his clerk register, that letters for taking up of the escheats of the persons denounced may be directed and executed with all expedition as the said treasurer and justice clerk will answer to his highness upon their duty and diligence, that in justice courts or justice ayres the whole assize summoned being called out and the absents fined, the extract of the act of the fines be delivered to the treasurer or his clerk within six days thereafter, that letters may be directed thereupon for taking up of the said fines without composition to be made thereof, and likewise, whenever any persons that have found surety to underlie the law compears not at the day appointed and through which are discerned to be denounced rebels as fugitive from the law, the justice clerk or his deputes shall deliver the act of adjournal thereupon, with the precept to denounce the persons so discerned fugitive by open proclamation at the market cross of Edinburgh within six days after they be discerned fugitive. Which denunciation, our sovereign lord with his estates, declares and admits to be as lawful for intromitting with the escheats as if the same were made at the market crosses of the head burghs of the shires where the said rebels dwell, but the said horning shall not serve to put the inhabitants of the said shires in bad faith toward the reset, supply and intercommuning with the said rebels denounced until the said denunciation of horning be used at the market crosses of the head burghs of the shires where the rebels themselves dwell, and that the lords of council and session grant no letters of suspension upon any pains and fines of specified sums charged for by the treasurer without consignation or good surety in the in parts of the realm, that [Sir David Lindsay of the Mount], lyon king of arms, within 15 days after the publication of the acts of this present parliament, deliver to the treasurer or his clerk the names of the officers standing admitted, with the names of their cautioners, as also the names and cautioners of the deprived officers in time coming, that all exemptions and licences from raids and assize or for transporting of forbidden goods (if any shall happen to be granted) shall be subscribed by the treasurer for composition to his highness's use, and to be registered in the treasurer's register to the effect he may be charged therewith in time coming in his accounts, and that no such licences be warrant in judgement or to the signet or privy seal wanting the subscription of the said treasurer; and forasmuch as the care and charge of the receiving and making account of the monks' portions, first fruits and fifth penny of benefices is committed to the charge and diligence of his highness's treasurer, therefore ordains and commands the said treasurer to make a perfect rental of the said monks' portions, first fruits and fifth pennies, and to charge and discharge him therewith in his accounts; and that he may be the better acquainted therewith, ordains all signatures of gifts and provisions to be passed upon any part of the same to pass his highness's treasurer's register and be subscribed by the keeper thereof before it be sufficient warrant to the seals. Our sovereign lord, with advice of his estates in parliament, discharges all commissions of justiciary granted by his highness of before and none to be granted in time coming generally or for longer space than the errand in hand may be conveniently perfected, and that on caution to produce the process and pay that part of the commodity which by the commission is destined for the king's use.
- NAS, PA2/14, ff.20v-21r.
- Written in margin: 'V'.
- Although Thomas Lyon of Baldukie, master of Glamis, is commonly known to be the treasurer at this time, Sir Robert Melville of Murdocairnie, who was in fact the treasurer depute, is referred to as 'treasurer' on five separate occasions during the 1592 parliament. The reason for this is uncertain.