[1599/7/17]¹

Legislation

Act regarding armour

Forasmuch as the special lets and impediments hindering the due effect and execution of the acts and proclamations made heretofore regarding the armour in the person of noblemen, barons and others dwelling, as well as to burgh as to land, have proceeded from a sinister opinion and council apprehended by the merchants that the said armour, after the importation, would not be taken off their hands, so that very little or none has been brought home. Therefore compeared personally, in presence of his majesty, his nobility, council and estates, Sir Michael Balfour of Burleigh, knight, and promised, bound and obliged him that between now and 1 August next to come, he shall bring and cause be brought home within this realm so much armour of all sorts as will serve and be sufficient to arm 10,000 men on horse and foot, namely: for 2,000 horsemen and 8,000 footmen well and sufficiently according to the tenor of the said acts and proclamations; and for the further assurance of importation of the said armour, he likewise promised to cause [Alexander Lindsay], lord Spynie, [Patrick Leslie], abbot of Lindores, the lairds [James Learmonth of] Dairsie, Montquhanie, Kinfauns and Arnott act and obliged them with himself jointly and severally in the books of secret council, under the pain of 1,000 crowns, that the said armour shall be brought home between now and the day above-written; and this caution to be found within three or four days after the date hereof. Which armour being brought home, he shall keep the same unsold or undisposed in any part until a price shall be set down thereupon by five of his majesty's council and three burgesses to be nominated and appointed to that effect. In setting of the which price, they shall have a respect to the first buying which shall be verified by a lawful and reputable certificate from the magistrates of the burghs and parts where the said armour shall be bought and the said price being set down. They shall give him their attestation thereupon, to be shown and produced to his majesty's subjects, buyers of the said armour, for their better satisfaction regarding the price of the same, who shall be in no way subject nor astricted to buy the said armour until the said attestation be received and produced upon the price of the same. In respect of the which promise and bond made and given by the said Sir Michael, the king's majesty and his estates faithfully promise to hold hand to the said Sir Michael to see the said armour taken off his hand and to be bought by all his majesty's subjects, as well as to burgh as land, (the inhabitants of Edinburgh, Dundee and St Andrews only excepted) within three months after the importation thereof according to the tenor of the said acts; and for this effect shall see the said acts receive the due and full execution in all points and shall otherwise assist the said Sir Michael with letters of horning and all other execution needful and expedient against the contraveners of the said acts and refusers to buy the said armour. Likewise his majesty and estates give, grant and convey by the tenor of this present act to the said Sir Michael the one half of the escheated goods and gear, together with the one half of the penalty to be incurred by the persons, refusers to buy the said armour, and who shall be denounced to the horn for that cause; and the other half of the said escheats and penalties to be intromitted with by his highness's treasurer to his majesty's use. And to the effect the said Sir Michael may be the better assured to have the said armour taken off his hand and that no others to his prejudice shall be suffered to sell any armour, his majesty and estates give and grant to the said Sir Michael and his co-partners the only liberty and privilege of selling of armour within this realm during the space of three years next after the date hereof, and discharging all others of his majesty's lieges of selling of armour within any part of this realm during the time of his privilege under the pain of confiscation and escheating of the whole armour which they shall bring home to be sold; without prejudice always to any nobleman to provide armour for his own person only so the same be not bought from merchants within the realm. And if it shall happen the whole number of the armour foresaid to be brought home and sold before the expiring of the said space of three years, then and in that case this present privilege to expire and have no further effect thereafter. And if in the importation of the said armour or any part thereof it shall happen the said Sir Michael or his co-partners to be shipwrecked or robbed by thieves and pirates, in that case his majesty and estates declare that he shall be freed, exonerated and relieved of his bond and promise and caution to be found according thereto for so much of the said armour as shall be stolen or lost by sea.