[1609/4/30]¹

²Act in favour of the lords of session of £10,000 to be given to them yearly

Our sovereign lord and estates of parliament, having for just and necessary respects concerning the preservation of this estate and chief members thereof restored the bishops, being now the only remainder of the kirk estate having vote in parliament, to their livings, jurisdiction and place, and finding by experience that they will be altogether unable worthily to discharge their duties in that honourable rank unless they be provided of sufficient maintenance, not only for bearing of the private charges of their families but also to sustain the great burden of their weighty employments at parliaments, conventions and other public affairs concerning his majesty's service and general well of the country, have earnestly dealt with the lords of his majesty's council and session to consent that the quots of the whole testaments within this kingdom which did justly pertain to the said session by lawful gifts and dispositions thereof granted to them by his majesty and his predecessors, and ratified in parliament, might be conveyed to the said bishops, every one of them within their own diocese, and be possessed by them in time coming, whereunto the said lords of session, preferring their affection and zeal in every way to grant satisfaction to his majesty to their own profit and present surety, have most humbly yielded. And his majesty, being always of mind and intention to remunerate his said faithful, trusty and obedient councillors and their successors for their willing obedience to his majesty's desire in demission and renunciation of the said quot silver, they being the only ordinary supreme judges of this realm for administration of justice and maintenance of policy and peace within the same, which necessarily requires their daily and continual presence and attendance, [preferring]³ the public good and well of the realm in the administration of justice indifferently to his majesty's lieges to their own private and domestic affairs, and in the meantime are forced to spend their own patrimony and rent in the said public well of the realm; and his majesty, having now by his special instructions proposed to the said estates of parliament the said great and faithful services done to his highness and for the common welfare of the realm of Scotland, in particular by his said trusty and familiar councillors, the said senators and lords of his highness's college of justice, in yielding and granting to his highness's special desire to surrender from them and give over the said quot silver of the testaments, being the most and best part of their patrimony, to and in favour of the said archbishops and bishops of this realm for the help and supply of their estate as is before said; and the said estates of this present parliament, having thereupon taken full trial and verification, they have found, tried, censured and judged, likewise they presently find, censure and judge the same to be and to have been great, evident, reasonable and profitable causes for the well of his majesty and of the said realm of Scotland. As also his highness and estates foresaid find, decree and declare that his majesty, with their advice and consent, may for the said evident, profitable and reasonable causes which they have tried and known to be for the evident well of his majesty and realm as said is, give, assign or convey any part of the patrimony of his majesty's annexed property of the crown to the said ordinary lords and senators of the said college of justice and their successor senators of the college of justice in recompense to them of the said quots of testaments surrendered by them and given over at his majesty's desire and command to and in favour of the said estates of bishops, and that in such manner, form and sure conditions as his majesty best pleases for their security; and to that effect that the annexation of these parts of the said patrimony of the crown that are to be assigned and conveyed to the said lords and ordinary senators of the said college of justice and their successor senators shall be simply dissolved from the crown so that they may be given, assigned and conveyed to the said ordinary lords and senators of the said college of justice and their successor senators perpetually in all time coming, and the said estates, being ripely and gravely advised what his majesty may give and convey to the said lords and senators and their successors with the least detriment to his highness's crown and yearly rent, the said estates all in one voice have found and declared and, by the tenor hereof, find and declare that the customs of this his highness's realm of Scotland, annexed to the crown, may with the least detriment to his majesty or hurt to the rent or revenue of the crown, for the evident causes above-expressed, be given, assigned and conveyed by his majesty to the said ordinary lords and senators of his highness's college of justice and their successor senators in most ample form; and to that effect, his majesty and estates foresaid of parliament dissolve, annul and infringe the annexation of the customs of this realm of Scotland to the crown from the said crown and patrimony thereof, in so far as the same may be extended to the sum of £10,000 of the first, readiest, most sure and best payment of the said customs only. And now, after the said dissolution, his majesty and estates foresaid of this present parliament have given, granted, assigned and conveyed and by the tenor hereof, for the evident causes foresaid, give, grant, assign and convey to the said ordinary lords and senators of his highness's college of justice and their successors, possessing the ordinary places of the said judicatory and college of justice perpetually in all time coming, all and whole the sum of £10,000 usual money of Scotland in recompense to them of the said quot silver of testaments given over by them at his majesty's desire for the support of the said estate of bishops, to be taken up, uplifted and received by them and their collectors to be appointed by them in their names yearly at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by even portions, out of the readiest and best payment of his majesty's customs of the said realm of Scotland or any part thereof from his majesty's comptrollers, tacksmen, possessors and intromitters with the said customs, and others due in payment thereof, now present and that shall happen to be for the time, to be distributed amongst them in such form as heretofore they were accustomed in dividing of the said quot silver, beginning the first term's payment at the said feast and term of Martinmas next in this instant year of God 1609, and so forth yearly and termly thereafter at the terms foresaid perpetually in all time coming, charging therefore the said comptroller and tacksmen, possessors and intromitters with the said customs of the said realm of Scotland or any part thereof, and others due in payment of the same, now present and that shall happen to be for the time, to readily answer, content, obey and make thankful payment of the foresaid yearly sum of £10,000 yearly money foresaid to the said ordinary lords, senators of the said college of justice and their successors and their collectors in their names, out of the readiest and best payment of the said customs, and that they be preferred in payment thereof to all and whatsoever other person or persons pretending right to the said customs or to any part thereof by pension, assignation, gift or other right or disposition whatsoever, beginning the first term's payment of the same at the said feast and term of Martinmas next, and so forth yearly and termly thereafter at the terms foresaid perpetually in all time coming, which shall be thankfully allowed to the payers, they taking the said lords', senators' or collectors' acquittances and discharges to show upon account for their warrant in the exchequer. And also his majesty and estates foresaid of this present parliament command the lords auditors of the exchequer, present and to come, to allow to the payers of the said sum of £10,000 yearly and termly in the first end of their account upon the sight of the said lords' and senators' or their said collectors' acquittance upon the payment thereof, this act being always shown and produced in exchequer. And also his majesty and estates foresaid of this present parliament decree and ordain [Sir James Hay of Kingask], his majesty's comptroller present, and his successors comptrollers for the time, as likewise the tacksmen of the said customs present and to come and intromitters therewith and due in payment thereof, to become acted themselves and to send sufficient caution and guarantee acted in the books of council and session for thankful payment of the foresaid sum of £10,000 to the said ordinary lords and senators of the said college of justice and their successors yearly and termly at the terms foresaid in all time coming, and at the decease or demission of the said comptroller or tacksmen that the new entrants shall become acted to the effect foresaid of new, and that caution be found by the said comptroller and tacksmen at the setting of the said tacks to the effect foresaid, otherwise the said tacks to be null and the nullity thereof to be decided by way of exception or action at their pleasure; and that letters and executorials of horning simply may be directed upon a simple charge of 10 days against them by deliverance of the said lords and senators of the college of justice for payment of the foresaid sum of £10,000 yearly and termly at the terms foresaid. And his majesty and estates foresaid decree and ordain that no suspension shall be granted for suspending of the said letters at the instance of whatsoever party or person due in payment of the foresaid sum in any time coming, for whatsoever cause or reason, by the lords of parliament nor by the lords of exchequer or other judges whatsoever, except upon consignation of the sums wherewith they are charged or upon the production of sufficient acquittances of the payment thereof, and that the said ordinary lords and senators of the said college of justice are and shall be only judges ordinary for discussing of the said suspensions, discharging all other judges whatsoever of all granting of suspensions in any cause concerning the premises and discussing of the same by any manner of way and of their offices in that part forever. And to the foresaid disposition and assignation of the foresaid sum of £10,000 to be paid yearly and termly out of his highness's customs foresaid, first, readiest and best payment of the same to the said ordinary lords and senators of the said college of justice and their successors foresaid, perpetually in all time coming as is above-expressed, his majesty and estates foresaid of parliament have interposed and interpose their consent and authority as that deed which shall be now and in all time coming esteemed and judged for the well of our sovereign lord and for the common welfare and estate of the realm of Scotland. And his majesty, for his highness and his successors, promises in the first word never to impugn nor quarrel the same, nor come in the contrary hereof directly nor indirectly in any time coming.