[1621/6/13]¹

ACT I

A ratification of the five articles of the general assembly of the kirk held at Perth in the month of August 1618

Our sovereign lord, with advice and consent of the estates of parliament presently convened, ratifies and approves the acts of the general assembly of the kirk held at Perth, 25 August 1618, and concluded 27 [August], second session, whereof the tenor follows:

I

Since we are commanded by God himself that when we come to worship him we fall down and kneel before the Lord our maker, and considering with all that there is no part of divine worship more heavenly and spiritual than is the holy receiving of the blessed body and blood of our lord and saviour Jesus Christ, likewise the most humble and reverend gesture of the body in our meditation and lifting up of our hearts best becomes so divine and sacred an action, therefore, notwithstanding that our kirk has used since the reformation of religion to celebrate the holy communion to the people sitting, by reason of the great abuse of kneeling used in the idolatrous worship of the sacrament by the papists, yet now seeing all memory of past superstition is past, in reverence of God and in due regard of so divine a mystery and in remembrance of so mystical an union as we are made partakers of, the assembly thinks good that the blessed sacrament be celebrated hereafter meekly and reverently upon their knees.

II

Item, if any good Christian visited with long sickness and known to the pastor by reason of his present infirmity unable to resort to the kirk for receiving of the holy communion, or being sick shall declare to the pastor upon his conscience that he thinks his sickness to be deadly and shall earnestly desire to receive the same in his house, the minister shall not deny to him so great a comfort, lawful warning being given to him upon the night before. And that there be three or four of good religion and conversation, free of lawful impediments, present with the sick person to communicate with him, who must also provide a convenient place in his house and all things necessary for the reverend administration thereof according to the order prescribed in the kirk.

III

Item, the minister shall often admonish the people that they defer not the baptising of infants any longer then the next Lord's day after the child be born, unless upon a great and reasonable cause declared to the minister and by him approved. As also they shall warn them that without great cause they procure not their children to be baptised at home in their houses, but when great need shall compel them to baptise in private houses (in which case the minister shall not refuse to do it upon the knowledge of the great need and being timely required thereto), then baptism shall be administrated after the same form as it should have been in the congregation, and the minister shall the next Lord's day after any such private baptism declare in the kirk that the infant was so baptised and therefore ought to be received as one of the true flock of Christ's fold.

IIII

Item, forasmuch as one of the most special means for preventing the increase of popery and settling of true religion in the hearts of the people is that a special care be taken in trial of young children, their education and how they are catechised, which in time of the primitive kirk was most carefully attended as being most profitable to cause young children in their tender years drink in the knowledge of God and his religion, but is now altogether neglected in respect of great abuse and errors which crept in the popish kirk by making of a sacrament of confirmation, therefore, that all superstitions built thereupon may be rescinded and that the matter itself, being most necessary for the education of the youth, may be reduced to the primitive integrity, it is thought good that the minister in every parish shall catechise all young children of eight years of age and see that they have the knowledge and be able to make rehearsal of the Lord's prayer, belief and ten commandments, with answers to the questions of the small catechism used in our kirk; and that every bishop in his visitation shall censure the minister who shall be found remiss therein, and the said bishops shall cause the said children be presented before them and bless them with prayer for the increase of their knowledge and continuance of God's heavenly graces with every one of them.

V

Item, as we abhor the superstitious observation of festival days by the papists and detest all licentious and profane abuse thereof by the common sort of professors, so we think that the inestimable benefits received from God by our Lord Jesus Christ, his birth, passion, resurrection, ascension and sending down of the holy ghost was commendably and godly remembered at certain particular days and times by the whole kirk of the world and may be also now; therefore the assembly ordains that every minister shall upon these days have the commemoration of the aforesaid inestimable benefits and make choice of several and pertinent texts of scripture, and frame their doctrine and exhortations thereto, and rebuke all superstitious observation and licentious profanation thereof.

Which articles and ordinances our sovereign lord, with the advice and consent of the estates, statutes and ordains to be obeyed and observed by all his majesty's subjects as laws in time coming, annulling and rescinding whatsoever other acts of parliament, constitutions and customs in so far as they are derogative to any of the articles above-written.

[1621/6/14]²

ACT II

Regarding the taxation granted to his majesty of 30s termly upon the pound land and the twenty penny of all annualrents

In the parliament held at Edinburgh, 4 August 1621, the estates of parliament presently convened, considering the infinite expense and great burden which the king's most sacred majesty, their dread lord and sovereign, has been constrained by the strict bonds of religion to undergo of late and in all likelihood shall lie under a long time by procuring by treatise or arms ease and liberty to those who suffer for the Gospel of Christ Jesus professed within this land, and therewith calling to mind the long peace, flourishing with religion and justice, which they have enjoyed these many years past and do yet still enjoy in this universal combustion of the Christian world, and that by the wise, just and happy government of his sacred majesty and that they have nothing to be returned to so great a king for so exceedingly great and rare benefits but hearty and zealous affections, ceding to no nation, ever ready with their goods, lands and lives to maintain true religion, his majesty's royal person and posterity, their honours and crowns, therefore in most humble manner the said whole estates of this realm do earnestly beseech his most sacred majesty graciously to accept this their offer of a taxation to be imposed, collected and paid to his highness by the said estates in manner and at the four terms following: that is to say, the earls, lords and commissioners of shires for the temporal estate have granted that there shall be uplifted of every pound land of old extent within this realm pertaining to earls, lords, barons, freeholders and feuars of his majesty's proper lands the sum of 30s at every one of the four terms following, namely, the sum of 30s at the feast and term of Candlemas [2 February] next in the year of God 1622, the sum of another 30s at the feast and term of Martinmas [11 November] in the year of God 1622, the sum of another 30s at the feast and term of Martinmas 1623, and the sum of another 30s at the feast and term of Martinmas in the year of God 1624. The archbishops and bishops for the spiritual estate have granted that there shall be uplifted of all archbishoprics, bishoprics, abbacies, priories and other inferior benefices within this realm at every one of the four terms above-specified the just taxation thereof as they have been accustomed to be taxed to at all time bygone whensoever the temporal lands of this realm were stented to 30s of old extent, and the same taxation to be paid at every one of the four several terms above-specified. And the commissioners of burghs for their estate have granted that there shall be uplifted of all burghs within this realm at every one of the four terms above-written the just taxation thereof as they have been accustomed to be taxed in all time bygone whensoever the temporal lands within this realm were stented to 30s the pound land of old extent, and the said taxation to be paid at every one of the four several terms above-written. And in regard that his majesty has erected sundry prelacies in temporal lordships whereby the owners thereof may claim to be taxed with the barons of the temporal estate, and thereby his highness will be defrauded of a great part of the same taxation, therefore it is statute and ordained that all erections of prelacies and other small benefices, in whole or in part, in temporal lordships shall in payment of the said taxation pay to the collectors thereof so much of the same taxation proportionally as if they were in no way erected and as they were subject to do before the erection of the same. And also it is statute and ordained that all dissolved benefices within this realm, in whole or in part, shall be subject in payment of so much of the same taxation proportionally as they would have been subject to pay so the same had not been dissolved, and that the parties who have got any part or portion of any prelacies or other inferior benefices dissolved and new securities made to them by his majesty of that part and portion thereof so dissolved shall be subject to the payment of the taxation thereof to the prelate or other beneficed person for his relief of the same taxation as they would have been so the same had not been dissolved, notwithstanding of any condition contained in the infeftments and securities made by his majesty to them in the contrary hereof. And further, the said estates annul and discharge all privileges and immunities whatsoever whereby any persons may think themselves free of payment of this present taxation (the privileges granted to the ordinary senators of the college of justice and the taxation of the benefices given, conveyed and mortified for maintenance of the universities and colleges within this kingdom only excepted). As also the said estates, considering that besides the ordinary charges which his majesty does daily undergo for the maintenance of the honour, estate and dignity of his highness's kingdoms, the extraordinary burdens which now lie upon his majesty by the occasions before written are so great and do so near concern every loyal and true hearted subject of this kingdom as members of that body whereof his majesty is the head, that in duty they think themselves bound to bear a part of that burden and to relieve his majesty thereof; therefore, besides the ordinary taxation above-written, the said estates have, for the space of four years next and immediately following the term of Martinmas next, voluntarily and freely granted to his majesty a yearly extraordinary taxation of the twenty penny of all annualrents which any person or persons within this kingdom have freely due and payable to them yearly or termly (their own annualrent wherein they are due to others being first deducted), the first term's payment whereof shall be and begin at the said feast and term of Martinmas next and so forth yearly and termly at Whitsunday [May/June] and Martinmas until the said four years and the eight terms' payment thereof be fully and completely outrun. And for the better trial of every man's annualrent which he has yearly or termly due to him, it is ordained that this act be published at the market cross of the burgh of Edinburgh and of the whole head burghs of the sheriffdoms, stewartries, bailiaries and regalities within this kingdom, whereby all his majesty's lieges may have true notice thereof, and therewith the said estates will, ordain and command all his majesty's lieges that have any annualrent paid to them that they compear within the said head burgh of the sheriffdom, stewartry, bailiary or regality or the head burgh in any of those jurisdictions where the head courts are held and where the said annualrenters dwell or have their ordinary residence in any court day in one of the last weeks immediately preceding Whitsunday or Martinmas, at which time the sheriffs, stewarts, bailies and bailies of regalities and provost and bailies of burghs who are heritable sheriffs within themselves within the bounds of their jurisdictions shall be obliged to hold courts weekly to the effect after-specified, and the lieges resorting to the said courts shall give up inventories to the clerk thereof of the whole sums of money for which annualrent is due to them yearly and termly, the names of the debtors, as also the whole sums of money for the which they are subject in payment of annualrent to others, with the names of their creditors to whom the same is due, whether the same annualrent be in victual or silver; the annualrent of victual to be estimated according to the stock of money for the which it is paid at ten for each hundred thereof, and shall cause the parties, those who give up the said inventories, every party subscribe his own inventory himself, if he can write, and if he cannot write, the clerk of the said court shall subscribe the said inventory in face of court before the members thereof. And also the sheriff, stewart, bailie, bailie of regality, provost and bailies of burghs who are heritable sheriffs within themselves within the bounds of their jurisdictions and clerks themselves, shall make and give up an inventory of the debts owing to themselves and by themselves as said is. It is always provided that if any person impeded by reason of sickness or distracted by some other just occasion shall not be present himself to give up the said inventory, it shall be lawful for him to cause any honest, responsible man within the jurisdiction where he dwells compear and give up his inventory, providing the same be subscribed by himself or a notary at his command, which the submitter shall declare to be a true deed and abide at the same on the like hazard and danger as the principal party should underlie, which shall be as sufficient as if the inventory had been personally given up by the principal party himself; and an inventory being once made and given up shall still stand and be a ground to charge any person during the time of the four years of the said taxation unless the party change or otherwise employ his sums, and then he shall give up a new inventory which shall be a new ground of a charge, and the former shall cease. And the said clerk shall make a record in his register of the said whole inventories, which inventories being so recorded shall be extracted by the said clerk and subscribed with his hand, and three extracts made of the same; one to be given to the party, if he require the same; another to be sent by the said clerk to the collector of the same taxation; and the third to be likewise sent by the said clerk to the clerk of his majesty's register, to be still kept amongst the records of his highness's exchequer, to the effect it may be known how far every party is liable in payment of the said extraordinary taxation. For the which extract and note made in register, the said clerk shall have of every person who gives in an inventory the sum of 4s Scots money. And if by sloth or malice the clerk shall happen to delay or shift the lieges resorting to the said courts to the effect aforesaid, complaint being made thereof to the lords of his majesty's secret council, the said clerks shall be punished accordingly at the discretion of the said lords. And at any court day preceding any term, it shall be lawful for any person to compear and offer to give up his inventory which the clerk and judge shall be astricted to receive. Further, for the better observation of the said statute, it is declared that whosoever receives, retains or conditions to receive any annualrent and conceals the same or any part thereof, or in giving up of his inventory of debts and annuals owing by him to his just creditors gives up more than he is justly due to, whosoever first discovers and reveals either the annualrent concealed or annualrent which is more than the those who give up just debt, shall for his reward have the half of that term's concealed annualrent and as much as the half of that annualrent which shall be discovered to have been unjustly given up. And in case it shall happen any person whatsoever by virtue of his submitted inventory to be charged for payment of his taxation and at the time of his charge to declare in presence of a judge by his great oath solemnly sworn that his debtor is a bankrupt, whereby he is disabled to make payment of his taxation and is contented that the king's majesty shall have the whole annualrent due to him by his bankrupt debtor of that term, his said declaration shall be a sufficient liberation to him of the same and for eschewing of malicious dilators of those who had omitted or concealed their sums. It is ordained that whensoever any person shall accuse or dilate any other of concealing or omitting of sums the time of making his inventory, he shall condescend upon some probable cause of his dilation and shall find caution concerning the judgement to be delivered in case he fail in proving that which he dilated. And any such actions of dilations shall not be lawful against dead persons, their heirs nor executors; neither shall it be lawful after a year and a day after the expiring of the said taxation to intend any such action. And in case any person purchase wadset of lands and set the same back again in tack to him who wadset the same to him, the tacksman possessor of the lands shall pay for the stent of the lands and the haver of the wadset shall pay for the annualrent of his money which he has on the land as if the same were employed for annualrent. Moreover, it shall not be lawful by any manner of way for any creditor to get relief of his debtor of this taxation which is imposed upon annualrents by this statute, under the pains contained in the acts of parliament made against usurers and concerning minors. It is declared that their minorities shall in no way privilege them, but their tutors and curators shall give up the inventories of their annualrents in their names, which, if the said tutors and curators fail to do, the said minors shall incur the like danger as others and at their perfect age shall have action of relief against their said tutors and curators for that cause. And in case any person depart out of this kingdom after the publication of this present act, the same shall in no way excuse him from giving up of an inventory of his annualrents and payment of the said taxation and underlying of the danger contained in this present act, but those who are presently out of this realm and shall not return before the feast of Martinmas next they shall not come under the danger of this act until the term of Whitsunday [20 May] next, providing that at that term they give up their inventory and pay their taxation as if they had been present within this realm before the aforesaid term of Martinmas next. And for the uplifting of the aforesaid taxation granted upon annualrents, and to the effect his majesty's general collector thereof may know now who to crave and charge for the same, it is statute and ordained that within every sheriffdom, stewartry, bailiary or regality where the office of sheriffs, stewarts and bailies are heritable and the provost and bailies of burghs who are heritable sheriffs within themselves, those heritable officers and their deputes for whom they shall be held to answer shall collect the said taxation and make payment thereof to his majesty's collector general of the aforesaid taxations; and where those offices are not heritable but changeable, the clerks within the said jurisdictions having their offices for life shall be collectors thereof. And in case the said clerks have not already found sufficient caution for discharging of their duties in their offices, they shall be held before they have any intromission with the same taxation to find sufficient caution for that effect. And where there are no heritable officers nor clerks having their offices for life, the said collector general of his majesty's taxations (and his deputes in his name, sufficiently authorised by him and for whom he shall be held to answer), and whose names he shall cause publish at the market cross of the head burgh of that jurisdiction where there is no heritable officer nor clerk for life, that his majesty's lieges may know to whom they shall make payment, shall collect and uplift the same taxation; which payment being made, the receiver thereof shall be obliged to deliver to the payer thereof an acquittance upon the receipt of the same freely, without payment of any money for the same. It is likewise provided that the fees of the collectors and receivers of the same taxation of annualrents shall be likewise, hereby they are remitted to the discretion and arbitrament of the lords of his majesty's privy council, to be set down and agreed upon by them. And the said estates hereby decree and declare that all burgesses and freemen within burghs, albeit they be taxed in the ordinary taxation above-written with their neighbours according to the order prescribed for collecting of the burghs' part of the said ordinary taxation, yet the same shall in no way liberate nor free them from payment of their parts of this extraordinary taxation also according to the proportion of the twenty penny of their annualrents, but they shall be liable in payment thereof as others of his majesty's lieges are. Moreover, the said estates annul and discharge all privileges and immunities whatsoever whereby any persons may think themselves free of payment of any part of this present extraordinary taxation (the privileges and immunities granted to the ordinary lords of session with the annualrents due to be paid to colleges, schools and hospitals, or mortified for sustentation and upholding of kirks and bridges, with the annualrents which may be claimed of the poor people whose stock exceeds not the sum of 500 merks only excepted). And the said estates decree and ordain the extraordinary lords of the session, together with the whole advocates, clerks of the session, writers to the signet, privy and great seals and other members of the college of justice to contribute to the said taxations in the same way as if they were not exempt, and that of their own consents and according to their voluntary offer made by them to his majesty and the said estates upon this special provision: that their said voluntary offer shall not prejudice nor impair their liberties, privileges and immunities in any time coming. Which offer the said estates accepted and accept and will and declare that their said offer shall in no way derogate to their privileges and immunities, but that their said privileges and immunities shall be kept and observed to them and their successors in all time coming unprejudiced by the said offer.

[1621/6/15]³

ACT III

Regarding the collecting and bringing in of the taxation and relief to prelates

Forasmuch as the estates of this present parliament, upon good and weighty considerations which moved them, have freely and voluntarily offered and granted to the king's most excellent majesty, our sovereign lord, for supplying of a part of the great charges and expenses which his majesty has been constrained even by the strictest bonds of religion to undergo of late and by all likelihood shall lie under a long time by procuring by treaty or arms ease and liberty to those who suffer for the Gospel of Jesus Christ professed in this land, a taxation to be paid, collected and uplifted in manner and at the four terms following: that is to say, for the barons' and freeholders' parts of the same taxation, 30s Scots money to be uplifted of every pound land of old extent within this realm pertaining to earls, lords, barons, freeholders and feuars of our sovereign lord's proper lands held by them immediately of his majesty and paid by them at every one of the four several terms following, that is to say: the sum of 30s at the feast and term of Candlemas [2 February] next in the year of God 1622, the sum of another 30s at the feast and term of Martinmas [11 November] in the year of God 1622, the sum of another 30s at the feast and term of Martinmas in the year of our God 1623, and the sum of another 30s money aforesaid at the feast and term of Martinmas the year of God 1624. And for the spiritual men and the burghs' parts of the same taxation, that there shall be uplifted of every archbishopric, bishopric, abbacy, priory and other inferior benefice and of every free burgh within this realm, at every one of the said four terms of payment, the just taxation thereof and as they have been accustomed to be taxed to in all times bygone whensoever the temporal lands within this realm were stented to 30s the pound land of old extent, and the same taxation to be paid at every one of the four several terms above-written. And for bringing in of the spiritual men's parts of the same taxation, ordain letters to be directed charging all and sundry archbishops, bishops, abbots, priors, as likewise all noblemen and others in whose favour the erection of any prelacy or other inferior benefice, or any part or portion thereof, be it in lands, kirks or teinds, or in whose favour the patronage of any benefice, kirks or teinds is passed, and all other beneficed persons contained in the tax rolls, their chamberlains, factors and intromitters with their rents and living, to make payment of that sum that they and every one of them are taxed to for every one of the said four terms' payment to the collector general to be appointed by his majesty for receiving of the said whole taxation, or to his deputes and officers in his name having his power to receive the same, at the particular terms above-written under the pain of rebellion and putting of them to the horn; and if they fail therein at the passing of every one of the said terms, to denounce the disobeyers rebels and put them to the horn and to escheat etc. And that the prelates and beneficed persons and such noblemen and others in whose favour the erections and patronages above-written are passed, for their relief, have letters charging their vassals, sub-vassals, ladies of terce, conjunct fiars, life-renters, feuars, tacksmen and pensioners to make payment of their parts of the said taxation, each one of them proportionally according to the sum that they shall be taxed to, to the said prelates and other beneficed persons and to the said noblemen and others having power to receive the same within 20 days next after the charge under the pain of rebellion etc.; and if they fail, to denounce and escheat etc. and to poind and distrenzie thereof as they shall think most expedient. Providing always that the first term's payment of the said taxation be ever past before the next term's payment be charged for, always declaring that the production of sufficient hornings against the said vassals, feuars, tacksmen and pensioners shall be a relief to the said prelates, lords of erections and beneficed persons and shall exonerate them for as much from payment of the said taxation, providing that the same hornings with their tax rolls authentically made and subscribed by the said prelates, lords of erections and beneficed persons, and by their feuars, vassals, tacksmen and pensioners in manner hereafter prescribed, containing the particular sum which each one of them are taxed to, be delivered to the collector of the same taxation within the space of 60 days after every term, otherwise he shall be in no way obliged to receive the same; neither shall the prelate, lord of erection and beneficed person be exonerated by production of the same at any time thereafter. And further, that the said prelates and such noblemen and others in whose favour the erections and patronages above-written are passed and all other beneficed persons may have their relief of their said vassals, sub-vassals, ladies of terce, conjunct fiars, life-renters, feuars, tacksmen and pensioners, to the greater ease and less trouble to their said vassals and others aforesaid, and to the effect that every one proportionally may pay his part of the said taxation according to the quantity and value of the free rent which he has of his benefice, lands, pension, kirk and teind sheaves pertaining to him, as well the prelate, lord of erection, patron and other beneficed person themselves as the feuar, tacksman and pensioner, it is thought expedient, statute and ordained that the said prelates and others above-rehearsed, every one of them severally, shall convene his whole feuars, vassals, tacksmen and pensioners at the particular places hereafter designed: they are to say, [John Spottiswood], archbishop of St Andrews at the city of St Andrews, [James Law], archbishop of Glasgow at the city of Glasgow, [George Graham], bishop of Orkney at the town of Kirkwall, [John Abernethy], bishop of Caithness at the town of Dornoch, [Patrick Lindsay], bishop of Ross at the town of Chanonry of Ross, [Alexander Douglas], bishop of Moray at the town of Elgin, [Patrick Forbes], bishop of Aberdeen at the burgh of Aberdeen, [David Lindsay], bishop of Brechin at the burgh of Brechin, [Alexander Lindsay], bishop of Dunkeld at the town of Dunkeld, [Adam Bellenden], bishop of Dunblane at the town of Dunblane, [Andrew Lamb], bishop of Galloway at the town of Wigtown, [Andrew Boyd], bishop of Argyll at the burgh of Inveraray, [Thomas Knox], bishop of the Isles at the burgh of Rothesay in Bute, the abbot of Iona at the burgh of Inverness, the prior of Ardchattan at the burgh of Inveraray, the abbot of Fearn at the burgh of Tain, the Lord of Beauly at the burgh of Inverness, the Lord of Kinloss at the burgh of Forres, the prior of Pluscarden at the burgh of Elgin, the Lord of Deer at the town of Peterhead, the prior of Fyvie at the town of Turriff, the prior of Monymusk at the town of Monymusk, the Lord of Arbroath at the burgh of Arbroath, [David Murray], lord Scone at the burgh of Perth, [James Elphinstone], lord Coupar at the town of Coupar in Angus, the prior of Restenneth at the burgh of Forfar, the collector of the taxation in place of the prior of Charterhouse, the seat now vacant, at the burgh of Perth, the prior of Elcho at the same burgh of Perth, the prior of Strathfillan at the burgh of Inveraray, the Lord of Inchaffray at the burgh of Perth, the prior of Inchmahome at the burgh of Stirling, [Ludovic Stewart, duke of Lennox], prior of St Andrews at the city of St Andrews, the bailie of the regality of Dunfermline at the burgh of Dunfermline, [John Elphinstone], lord Balmerino at the burgh of Cupar in Fife, [Patrick Leslie], lord Lindores at the burgh of Cupar in Fife, the masters of St Leonard's college in St Andrews for the prior of Portmoak at the burgh of Cupar in Fife, the prior of Pittenweem at the burgh of Pittenweem, the Lord of St Colme at the burgh of Inverkeithing, [James Colville], lord [Colville] of Culross at the burgh of Culross, the abbot of Cambuskenneth at the burgh of Stirling, [James Sandilands], lord Torphichen at the burgh of Linlithgow, the prior of Manuel at the burgh of Linlithgow, [John Bothwell], lord Holyroodhouse at the burgh of Edinburgh, the Lord of Newbattle at the burgh of Edinburgh, the prioress of Haddington at the burgh of Haddington, the lord of the temporal lands of the priory of North Berwick at the burgh of North Berwick, the patron and parson at the kirk of Kilconquhar, dissolved from the priory of North Berwick, at the town of Elie, the patron and parson of the kirk of Largo, dissolved from North Berwick, at the town of Largo, the patron and parson of the kirk of Maybole, dissolved from North Berwick, at the burgh of Maybole, the patron and parson of the kirk of Logie, dissolved from North Berwick, at the burgh of Stirling, the Lord of Kelso at the town of Kelso, the Lord of Coldingham at the town of Eyemouth, the Lord of Dryburgh at the town of Dryburgh, [George Home], prior of Eccles at the town of Duns, the prior of Coldstream at the town of Duns, the Lord of Jedburgh at the burgh of Jedburgh, the Lord of Melrose at the town of Melrose, the Lord of Paisley at the town of Paisley, [William Stewart], lord Blantyre at the burgh of Glasgow, the lord and bailie of the temporal lands of Kilwinning at the burgh of Irvine, the patrons and parsons at the kirks of Kilwinning, dissolved from the abbey of Kilwinning, at the said burgh of Irvine, the abbot of Crossraguel at the town of Maybole, the prior of Whithorn at the burgh of Whithorn, [John Hamilton], abbot of Soulseat at the burgh of Whithorn, the prior of St Mary's Isle at the burgh of Kirkcudbright, the Lord of Dundrennan at the burgh of Kirkcudbright, the Lord of Glenluce at the burgh of Wigtown, the abbot of Tongland at the burgh of Wigtown, [Robert Spottiswood], abbot of New Abbey⁴ at the burgh of Dumfries, the abbot of Holywood at the burgh of Dumfries, the prior of Canonbie at the burgh of Annan, the baron and bailie of the barony of Broughton, dissolved from the lordship of Holyroodhouse, at the burgh of Edinburgh, the heritors of the hundred pound land of the barony of Monkland, dissolved from the lordship of Newbattle, at the city of Glasgow, the ministers of Failford at Ayr, Scotlandwell at St Andrews, Peebles at Peebles, the patron and parson of the kirk of Dundee, dissolved from the abbacy of Lindores, at the burgh of Dundee and all other small beneficed persons at the parish kirks of their particular benefices, and that they convene to the effect above-written upon 30 October 1621, which is declared to be the precise day appointed for all their vassals, feuars, tacksmen and pensioners to keep the said meeting, and that no further citation nor summoning shall be requisite than the proclamation and publication of this present act at the market crosses of the head burghs of this realm. And herewith it is resolved by the said estates that if any vassal, sub-vassal, feuar, tacksman of teinds, pensioner or any other justly bound to make relief to the prelate, lord of erection, patron or other beneficed person of any part of the said taxation shall send any procurators in his name sufficiently authorised to the said meeting, the same shall not only excuse the absents of the principal party, but the procurator in all things shall be admitted and received to do and perform in the distribution of the said taxation what could or lawfully might have been done by him who sent him. It is in like manner declared that the prelate, lord of erection, patron or other beneficed person impeded by disease or distracted upon some other necessary occasion from attending that meeting, having his absence supplied that day by any sufficient worthy person whom he shall appoint and authorise to that effect, shall be as lawful as if he were personally present himself, and the party so authorised shall be admitted and received in all things to do and perform in the distribution of the same taxation what could or lawfully might have been done by him who sent him. It is further statute and ordained that at the said day of meeting the said prelates, lords of erections, patrons and other beneficed persons shall by themselves, or their procurators lawfully authorised as said is, fence and hold a court, call by name and surname upon every one of their vassals, sub-vassals, feuars, tacksmen of teinds, pensioners and others obliged to relieve them of any part of the same taxation, and lawful time of day being bidden, shall show to their said vassals, feuars, tacksmen and pensioners, or their procurators compearing for them, the quantity of the taxation imposed upon their prelacy, erected lordship or other benefice authentically subscribed by the clerk of the same taxation; and they all (at the least so many of them as shall convene for this effect) with one consent shall distribute the same to be paid by every man, as well by the prelate, lord of erection and present possessor of small benefices for the free rent that every one of them has of their prelacies, erected lordships and small benefices, as by the vassal, feuar, tacksman and pensioner according to the great or small quantity of the free rent which every one of them has either of their lands, teinds or pensions. With certification to any of the said persons, feuars, vassals, tacksmen or pensioner that compears not by themselves or their procurators at the day and places above-specified to the effect aforesaid, that such as shall convene with the said prelates, lords of erection, patrons and other beneficed persons or their procurators shall proceed in the equal distribution of the same taxation, as well amongst them as are absent as present, and shall make and subscribe an authentic tax roll thereupon. And in case that none of the said vassals, feuars, tacksmen and pensioners shall convene at the day and places above-specified to this effect by themselves or their procurators, but shall wilfully absent themselves from the said meeting, it shall be lawful for the said prelates, lords of erections, patrons and other beneficed persons being present by themselves or their procurators at the day and places above-specified to make, set down and subscribe the same tax roll. And in case any of the said prelates, lords of erections, patrons and other beneficed persons shall not convene by themselves or by their procurators at the day and places above-specified particularly designed to every one of them, it shall be lawful for the said vassals, feuars, tacksmen and pensioners (at the least so many of them as shall convene by themselves or their procurators) to make, set down and subscribe the said tax roll, which tax roll shall contain the particular sum that everyone shall be found justly to be due to pay, the parties' name due to pay the same and the cause for which the same ought to be paid; and being so set down either by the prelate, lord of erection, patron and other beneficed person or their lawful procurators, with so many of their vassals, sub-vassals, feuars, tacksmen of teinds, pensioners and others obliged to relieve them of any part of the said taxation as shall convene with them to this effect, and in case that none shall convene with them, the same roll being then set down by the prelate, lord of erection, patron and other beneficed persons or their lawful procurators, or, in case of their absence, being set down, made and subscribed by so many of the said vassals, feuars, tacksmen and pensioners as by themselves or their procurators shall convene themselves for this effect, the said estates discern to be as lawful in all respects as if the whole number of persons having interest therein had convened, made, set down and subscribed the same. Which tax roll being so set down, made and subscribed in manner above-written (and no otherwise) and delivered to the clerk of the taxation, the said estates ordain him to give warrant for giving of letters of relief thereupon, discharging him in any case to give warrant for giving of any letters of relief upon any roll presented to him not made and authentically subscribed in form above-written as he will answer to the contrary upon his peril. It is likewise statute and ordained that tacksmen of teinds shall have relief upon their sub-tacksmen for as much, respect being had to the grassum paid by the said sub-tacksmen. And for bringing in of the barons' and freeholders' parts of the same taxation and of the feuars and rentallers of our sovereign lord's proper lands, their parts thereof, ordain letters to be directed charging all and sundry sheriffs, stewarts, bailies, their deputes and clerks, feuars, chamberlains and receivers of our sovereign lord's proper lands that they and every one of them within the bounds of their offices raise and uplift the sum of 30s money of this realm of every pound land of old extent lying within the bounds of their jurisdictions for every one of the four terms above-specified, and bring in and deliver the same to the collector aforesaid or to his deputes and officers in his name having his power to receive the same at the particular terms above-specified under the pain of rebellion etc. And if they fail at the passing of every one of the said terms, to denounce and escheat etc. And for their relief, that letters be directed charging all and sundry earls, lords, barons, freeholders, feuars and rentallers of our sovereign lord's proper lands personally or at their dwelling places and by open proclamation at the market crosses of the head burgh of the sheriffdom, stewartry or bailiary where their lands lie, if they be within this kingdom; and if they be without this kingdom, by open proclamation at the market cross of Edinburgh, pier and shore of Leith upon 60 days' warning to make payment to the said sheriffs, stewarts and bailies, their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands, every one of them for their own parts respectively of the said sum of 30s money aforesaid for every pound land of old extent pertaining to them for every one of the said four terms' payment within 20 days next after they be charged thereto under the pain of rebellion etc. And if they fail, to denounce and escheat etc. And, if need be, that the said sheriffs, stewarts, bailies, their deputes and clerks, chamberlains and receivers of our sovereign lord's proper lands poind and distrenzie the readiest goods and gear being upon the said lands thereof as they shall think most fit and expedient; and that the said earls, lords, barons, freeholders, feuars and rentallers of our sovereign lord's proper lands have letters for their relief to charge their vassals, sub-vassals, ladies of terce, conjunct fiars and life-renters to make payment of their parts of the said taxation within 20 days next after the charge under the pain of rebellion etc. And if they fail, to denounce and escheat etc. And if need be, that they poind and distrenzie, providing always that the first term's payment of the said taxation be ever past before the next term be charged for. And for bringing in of the burghs' part of the same taxation, ordain letters to be directed charging the provost and bailies of each burgh to make payment of the tax and stent thereof to the collector general aforesaid, his deputes and officers in his name having his power to receive the same at the particular terms above-specified under the pain of rebellion etc. And if they fail, to denounce and escheat etc. And for their relief, that letters be directed charging all and sundry inhabitants within each burgh to convene and elect certain persons to stent their neighbours; and the said election being made, to charge the persons elected to accept the charge upon them in setting of the said stent upon the inhabitants of every burgh, and to convene and set the same and make a stent roll thereupon as appropriate within 24 hours next after their charge under the pain of rebellion etc. And if they fail, to denounce and escheat etc. And also the said stent roll being made and set down as said is, to charge the burgesses, indwellers and inhabitants within each burgh to make payment of their parts of the said stent to the said provost and bailies according to the tax roll to be given out thereupon within three days next after the charge under the pain of rebellion etc. And if they fail, to denounce and escheat etc. And, if need be, that the said provost and bailies poind and distrenzie thereof as they shall think most expedient. It is always provided that no person whatsoever be stented or taxed within burgh except according to the value and quantity of his rent, living, goods and gear which he has within the burgh, in no way respecting his lands nor possessions which he has to landward, for the which he will be obliged to pay taxation to other officers, providing always that the first term's payment of the said taxation be ever past before the next be charged for. Moreover, his majesty and his said estates decree and declare that the charges to be given for payment of the said taxation shall be executed before the terms of payment above-specified for every term's payment, particularly by itself, and that the denunciation of horning following thereupon shall not be executed until the terms of payment be past; which denunciation so following upon the charges given before the said terms of payment, the said estates decree and declare to be valid and sufficient. Moreover, his majesty and the said estates, considering the great abuse which has been used in all times bygone by sundry of the lieges of this realm against all good conscience in causing their poor tenants, farmers and labourers of their ground, being removable, who are subject in payment of very dear ferms and other duties, to relieve them of the whole burden of the bygone taxations, which has been the occasion of impoverishing of a great number of the said farmers, labourers and tenants and bringing of them to utter wrack and ruin, whereas of reason they should be altogether free from the payment of any taxation and the same should be paid by such as have free rents, lands and goods of their own; for remedy whereof, it is statute and ordained that no persons whatsoever exact or compel his tenants or farmers removable who pay ferm or other dear duties for the lands occupied by them to pay any part of this present taxation or to suit relief at their hands of the same; and if the same be found done by any persons, that they shall be called and convened thereof before his highness's justice and his deputes as violent and masterful oppressors of his highness's subjects and punished for that according to justice. As also the said estates, considering that besides the ordinary⁵ charges which his majesty does daily undergo for the maintenance of the honour, estate and dignity of his highness's kingdoms, the extraordinary burdens which now lie upon his majesty by the occasion before written are so great and do so near concern every loyal and true hearted subject of this kingdom as members of that body whereof his majesty is the head, that in duty they think themselves bound to bear a part of that burden and to relieve his majesty thereof; therefore, beside the ordinary taxation above-written, the said estates have for the space of four years next and immediately following the term of Martinmas next voluntarily and freely granted to his majesty a yearly extraordinary taxation of the 20 penny of all annualrents which any person or persons within this kingdom has freely due and payable to them yearly or termly (their own annualrents wherein they are due to others being first deducted); the first term's payment whereof shall be and begin at the feast and term of Martinmas next, and so forth yearly and termly at Whitsunday [May/June] and Martinmas until the said four years and the eight terms' payment thereof be fully and completely outrun. And whereas the said estates have by act of parliament authorised all and sundry heritable sheriffs, stewarts, bailies and bailies of regalities and their deputes and the provost and bailies of burghs who are heritable sheriffs within themselves within the bounds of their jurisdictions, and likewise the clerks within the jurisdictions where these offices are not heritable, which clerks have their offices for life, to collect the said extraordinary taxation and make payment thereof to the collector general to be appointed by his majesty for receiving of the same, therefore, and for bringing in of the same extraordinary taxation, the said estates ordain letters to be directed charging all and sundry the said heritable sheriffs, stewarts, bailies, bailies of regalities and their deputes and the said provost and bailies who are heritable sheriffs within themselves, as likewise the clerks within the jurisdictions where the offices are not heritable, that they and every one of them to the north of the River Dee within the space of 15 days after every term of Martinmas and Whitsunday, and that they and every one of them to the south of the River Dee within the space of 10 days after every term of Martinmas and Whitsunday, deliver to his majesty's said collector general a true and just account and inventory of the whole sums of money due to be paid by any person within the bounds of their jurisdiction for his part of the said extraordinary taxation, and that they give up the same account and inventory upon their oath solemnly sworn that the same is just and true, and make payment to his majesty's said collector general or to his deputes in his name having his power to receive the same of the whole monies due to be paid to his majesty according to the said account and inventory within 20 days after each term, under the pain of rebellion etc. And in case the said sheriffs, stewarts, bailies, bailies of regalities and clerks fail, to denounce and escheat etc., for whose relief that letters be directed charging all and sundry the said annualrenters to make payment to the said sheriffs, stewarts, bailies, bailies of regalities, clerks, provost and bailies of burghs of the said 20 penny of all annualrents freely due and payable to them within 20 days next after the charge, under the pain of rebellion etc. And if they fail, to denounce and escheat etc. And if need be, that the said sheriffs, stewarts, bailies, bailies of regalities, clerks, provost and bailies of burghs poind and distrenzie thereof as they shall think most fit and expedient. And his majesty and estates aforesaid ordain the lords of session to be only judges to all suspensions to be craved and suited by any of our sovereign lord's lieges touching the said taxations, which suspensions his majesty and estates aforesaid find may be granted upon lawful and equitable reasons to be considered by them; and discharge all other judges within this realm of granting of any suspensions relating thereto. With power to the said lords to delegate five at the least of their ordinary number as they think expedient, to sit, examine and decide the said suspensions in time of vacation if need be.

[1621/6/16]⁶

ACT IIII

An act of ratification in favour of the prince, his highness

Our sovereign lord, with advice and consent of the estates of parliament, ratifies, approves and for him and his successors perpetually confirms all and whatsoever infeftments, gifts, donations and other rights and titles made and granted by his majesty or any others his most noble progenitors to his highness Charles, prince and stewart of Scotland, his majesty's dearest son, or any others his highness the prince's predecessors, princes and stewarts of Scotland, of whatsoever lands, lordships, baronies, superiorities, offices, teinds, annualrents, advocations, donations and rights of patronage of kirks, benefices, chaplainries, altarages and others whatsoever wherever they lie within the kingdom of Scotland, together with all acts of parliament, other acts, laws, statutes, customs, immunities, honours, privileges, prerogatives and liberties whatsoever made, introduced or enjoyed by his highness, the prince, or any his highness's predecessor princes of Scotland in any time bygone, notwithstanding whatsoever acts of parliament, other acts, laws or constitutions which may appear to derogate to the same, or that may or can be extended or be interpreted in the contrary thereof, either special or general. And further declares that this general ratification shall be as effectual as if all and sundry the said infeftments, gifts, donations, acts, privileges, immunities, prerogatives and others aforesaid were at length herein expressed, named and numbered. Regarding which, his majesty, with advice and consent of the estates, has dispensed and dispenses by this act, reserving always the lands and others assigned for the maintenance of the castle of Dumbarton to be applied to that use until some other provision be made thereto in place of the same.

[1621/6/17]⁷

ACT V

Regarding the plantation of kirks as yet unplanted

Our sovereign lord, understanding that there be diverse kirks within this kingdom which by the late commission appointed for plantation of kirks in the parliament held in June 1617 were not settled nor provided with constant stipends, but which yet remain unfurnished and unprovided of any competent means to be given to the ministers who shall be provided to the charge and function of the cure of the same; and therewith also his majesty, considering that there have been heretofore sundry kirks united together and conjoined in one, albeit upon good considerations it may be found more expedient that the same union be dissolved and that the said kirks be provided severally with distinct functions and separate services at such places where the commodity may afford in the same manner as if no such union had been made; and also because there be some kirks whereof the parish is of so large bounds that many of the parishioners, dwelling in rooms of the parish so remote from the kirk, who, for the great distance of the place or for the interjection of waters between their rooms and the kirks which often, and especially in winter, are not passable, or for some such other known impediment cannot have access and repair to the parish kirks at the ordinary times appointed for divine service and worship, and enjoy the comfort of the exercise thereof; and our sovereign lord, according to the princely and godly endowments with which his majesty is singularly blessed, being most careful to establish all good and propagate the religious and true worship of God universally throughout this whole kingdom, through which all his people may have occasion to participate in the benefit of the word without feeling of any of those prejudices growing from the above-written occasions, which his majesty in his royal and fatherly care over his people is most desirous to have removed; therefore his majesty, with express advice and consent of the estates of parliament, has granted full power and commission to [Alexander Seton, earl of Dunfermline], lord chancellor for the time, and to the reverend fathers in God, John [Spottiswood], archbishop of St Andrews, James [Law], archbishop of Glasgow, Alexander [Lindsay], bishop of Dunkeld, Adam [Bellenden], bishop of Dunblane, Andrew [Lamb], bishop of Galloway, John [Abernethy], bishop of Caithness, six persons nominated for the clergy and prelates, and, in case of decease of any of them, to Patrick [Lindsay], bishop of Ross and Patrick [Forbes], bishop of Aberdeen, which two persons the estates have nominated to supply and become in the place of any of the other six aforesaid if any of them shall happen to decease before this commission be finished, namely, the first of the two in place of the first of the six deceasing: to [George Seton], earl of Winton, Robert [Kerr], earl of Lothian, Thomas [Hamilton], earl of Melrose, John [Maitland], viscount of Lauderdale, John [Elphinstone], lord Balmerino, David [Carnegie], lord Carnegie [of Kinnaird], six persons nominated for the nobility, and, in case of any of their decease, to John [Fleming], earl of Wigtown, nominated to become in the place of the first deceasing, and Walter [Scott], earl of Buccleuch, nominated to become in the place of the second. To the commissioners underwritten nominated for the barons, namely: Sir Richard Cockburn of Clerkington, knight, lord privy seal, Sir William Livingstone of Kilsyth, knight, Sir James Dundas of Arniston, knight, Sir Archibald Napier of Merchiston, knight, Sir Andrew Kerr of Ferniehirst, knight, Alexander Lauder of Haltoun, and, in case of any of their decease, to David Crichton of Lugton and Sir John Hamilton of Preston, persons nominated to become in order as they are named in place of any of the six deceasing, and to John Byres, burgess of Edinburgh, Master William Ferguson, burgess of Dundee, Andrew Bell, burgess of Linlithgow, Robert Taylor, burgess of St Andrews, Master James Cockburn, burgess of Haddington, and Sir George Bruce of Carnock, knight, burgess of Culross, six persons nominated for the burghs, and, in case of any of their decease, to Alexander Clerk [of Stenton and Pittencrieff], merchant burgess of Edinburgh, and Master Alexander Wedderburn [of Kingennie], clerk of Dundee, persons nominated to supply in order any of the other six commissioners aforesaid decease. Which aforesaid commissioners, or any four of each estate nominated as said is, consenting and agreeing in one voice, shall have power to consult, convene and determine upon the matters and in manner underwritten, providing always that there is and shall be requisite to the validity of any act, conclusion, ordinance and determination of the said commissioners the conjunct assent of four of every one of the said four estates, all agreeing together in one voice, without the which consent of the said four of every estate so agreeing the rest of the said commissioners shall have no power to make any valid or effectual conclusion by virtue of this present commission, but whatsoever shall be otherwise done is declared to be of no value, force nor effect. That is to say, our sovereign lord and estates of parliament, by the tenor hereof, give, grant and commit full power and authority to the said commissioners to meet and convene in the town of Edinburgh at such time and times as they shall appoint and find convenient, and there to call and summon before them all patrons, tacksmen of teinds, great and small, and others having right by whatsoever title to the teinds of any of the kirks within this kingdom which are not already planted by the aforesaid first commission and which shall in any way be meddled with by this present commission as they shall think necessary and expedient, to exhibit and produce before them their rights and titles whereby they claim the said teinds, to be seen and considered by the said commissioners. With power to them out of the said teinds of every parish and kirk not already planted to appoint and assign at their discretion a perpetual local stipend to the ministers present and to come at all the said kirks unprovided as said is, and that notwithstanding any right or title pretended by the said tacksmen or others in whose favour teinds have been erected. With power also to the said commissioners to disunite such kirks, one or more, as were united of before and appointed to be served by a minister and as they, upon good considerations, shall find requisite to appoint the same to be served by several functions and charges as distinct parishes after such manner as shall be found by them most expedient, providing always that all parties having interest in the union and disuniting of the said kirks and plantation thereof give their express warrant and consent thereto. In the which case of plantation and provision of the kirks which shall be disjoined as said is, the presentation of the ministers shall be appointed by the said commissioners to pertain to the patrons according to their right thereof to be produced before them, and as the said lords commissioners shall find most agreeable with reason and equity. With power likewise to the said commissioners to appoint and set down such solid order for erecting and building of new kirks in any parishes where they shall find necessity and conveniency to do the same and where the parishioners are not presently well and commodiously served at the present kirks of the parish, as they shall find most expedient. And the said kirks being erected, with power to the said commissioners to provide the same with such proportion of stipends as they shall find may be with least prejudice and best commodity made out of the fruits of the said parishes to the ministers to be appointed to serve at the said new built kirks. To the which building and making of new kirks and providing the same with competent stipends, the said estates find and declare that it shall be expressly necessary that the patrons, tacksmen and other parties⁸ having interest in the erection and building of the said new kirks and in planting and provision thereof aforesaid give their express warrant and consent thereto; which being so had and obtained, with power to the said commissioners to proceed therein as is most agreeable with reason. It is always declared that in all and every one of the cases above-written, that is to say, either in providing of kirks not planted of before, or in disuniting of kirks formerly joined and appointing of several and distinct stipends to the same, or in the erecting of new kirks and provision of them with ministers and stipends, the said commissioners shall have express power and warrant to determine and appoint such proportion and quantity as they shall find expedient, either amounting over the sum of 500 merks or beneath and under the same as they shall find may most conveniently and commodiously be had after the consideration of the quantity and estate of the fruits of the kirk, and the case wherein the same is and as may be with least prejudice spared out of the same. And the said estates find and declare that the said commissioners shall have no power by virtue of this commission to alter or meddle with any kirk which was settled by virtue of the aforesaid commission granted in the year 1617, or to change the estate thereof in any way, or yet to erect, build or provide any new kirk without the special and express consent of all parties having interest had and obtained thereto, without whose consent it shall not be lawful for the said commissioners in any way to touch the said kirks so provided, but the same are expressly excepted (except in case of consent aforesaid) out of this present commission. And also forasmuch as the said estates of parliament, considering the particular petitions and supplications after-specified, it given in to them by the persons underwritten to the effect following, namely: a petition given in by Thomas Burnett of Leys desiring a new kirk to be erected and built within the parish of Fetteresso upon any part within the same parish most westerly for the instruction of the parishioners of Fetteresso who dwell most remote from the present kirk thereof; item, a supplication given in by the gentlemen and parishioners of the parish of Rosneath desiring that the kirk of Rosneath, for the causes specified in their supplication founded upon the incommodious situation of the said kirk, might be transported out of the Isle of Rosneath where it presently stands to that part of the mainland of the said parish called the lands of Ardenconnel, as place most convenient and indifferent for the whole parishioners to resort to; item, a petition given in by John, earl of Wigtown, lord Fleming and Cumbernauld and remaining parishioners of the parish of Lenzie craving licence to transport, found, build and erect⁹ the kirk of the said parish of Lenzie, presently standing at the west end of the parish thereof, to any other part of the same parish near the midst thereof most convenient for the ease of the whole parishioners, and, being built, to be declared to be the only kirk of the said parish of Lenzie; item, two warrants given in under his highness's hand concerning the appointing and determining which of the two kirks of Larbert and Dunipace, formerly united, should be the ordinary place of public divine service of the said two parishes, as in the same two patents containing their own several desires at more length is contained; item, a petition given in by the parishioners of the parishes of Kilchiaran, Kilmichael and Kilchusland united by the former commission and of the parishes of Kilcolmkill and Kilblane, also united by the same commission, all lying within Kintyre, desiring liberty for building and erecting of a kirk for serving of the first three parishes with any other kirk for serving of the two last parishes, both united as said is; item, a supplication given in by John [Hay], lord Hay of Yester and the possessors of the lands of Rodono, desiring that the same lands of Rodono, with the pertinents, should be declared to have been and to be in time coming a part of the parish of Lyne; as also craving that it might be lawful to the said John, lord Hay of Yester to build a kirk upon the most commodious place of his lands of Rodono or Meggat for serving of the inhabitants thereof at such times as they should be impeded by storm of weather from coming to the kirk of Lyne; item, a supplication given in to the said estates desiring that the dissolution of the forty pound land of Buchanan from the kirk of Luss and union thereof to the kirk and parish of Inchcailloch done by the former commission might be now ratified and the same forty pound land declared to remain in time coming as a part of the parish of Inchcailloch; item, a petition given in by Patrick, bishop of Aberdeen desiring the estates to give power to the aforesaid commissioners to ratify and approve the voluntary dissolutions of the former unions of those kirks within his diocese to the several provisions, whereof the parties having interest therein have consented, and to admit those who make offer at the sight of the bishop and presbytery where the kirks lie to provide the same severally, albeit they shall not make out the full rate and stipend appointed by the last commission; and lastly, a petition given in by the minister of the kirk called Christ's Kirk at Udny craving the same kirk to be sufficiently planted and provided with a constant and local stipend, and the same made sure to the minister serving the cure at the said kirk, as the aforesaid supplications, petitions and patents respectively above-written in themselves more fully purport. And finding the desires aforesaid reasonable, our said sovereign lord and estates of parliament give, grant and commit full power and authority to the said commissioners to appoint, determine and set down such solid order regarding the whole particulars above-mentioned and every one of them as they after consideration and trial had and taken by them relating thereto shall find most expedient and agreeable with reason, to the doing whereof in every one of the particulars aforesaid (except regarding the building of a new kirk within the parish of Fetteresso as is desired by the laird of Leys), the estates find and declare that it shall be only necessary to summon all patrons, tacksmen and other parties whatsoever having interest in the particulars aforesaid to hear and see order taken in the premises relating thereto, that after citation the commissioners may consider of the interest and prejudice, if any shall be, qualified by any person before them regarding the particulars above-mentioned and may then proceed therein as they shall find most expedient. But the estates find and declare that in the settling and determination of the first particular above-mentioned regarding the building of a new kirk within the parish of Fetteresso, there shall be expressly requisite the special and express consent and warrant of the parties having interest therein in addition to the citation and summoning of them to that effect, and find and declare that the decreet and sentence of the said commissioners to be given by them in all the particulars aforesaid, and every one of them, shall have the strength, force and authority of a sentence and act of parliament in the same way as the same had been done and determined by the said estates themselves. And because reason and equity craves that recompense should be made to the tacksmen and other persons whatsoever who shall be by the sentence of the said commissioners hurt and prejudiced of their present profit which they may lawfully possess by virtue of their titles and rights established in their persons, and upon whom by virtue of the said sentence any burden of the sustentation and provision of the said kirks and ministers is to be imposed, therefore our sovereign lord and estates of parliament give full power and commission to the said commissioners so to proceed in the determining of the said recompense, that in case the lord or any other having right to erected prelacies who shall be cited before them refuse to take the burden of plantation of any kirks belonging to the said erected prelacies which are in any of the cases above-written, and that upon their refusal (the same refusal being first found reasonable by the said commissioners), the burden of the said plantation shall be laid and imposed by the said commissioners in whole or in part either upon the principal tacksmen of any of the fruits of the said kirks, or, in case of the tacksmen's refusal, the burden be imposed upon the sub-tacksmen thereof. The said commissioners shall have power to determine, appoint and ordain such particular recompense to be given to the said tacksmen or sub-tacksmen by renewing of their tacks or subtacks after the expiring thereof upon such conditions as the said commissioners shall find reasonable, respect being had to the quality and proportion of the burden to be imposed upon them within the time of their tacks and rights further than they are astricted by their said rights or by appointing such other reasonable satisfaction as they shall find the said burden and distress undergone by any of them shall deserve and require. Likewise the said commissioners shall have also power to determine, settle and appoint such particular satisfaction and recompense to be given either to lay patrons or to the tacksmen of the fruits of the kirks belonging to the like patronages, and sub-tacksmen thereof, as they shall think may be answerable to the burden, to be imposed upon either of them for the cause above-written proportionally. In the prescribing of the which recompense, the said commissioners shall have special respect what consideration they find reasonable to be given to the said patrons for their consent to the tacks, if any shall be appointed and determined to be set and given to the said tacksmen for recompense aforesaid. And if any beneficed person upon just and reasonable causes refuses to provide any kirk belonging to their benefice according to the order hereby prescribed, whereby the burden of plantation or further provision of the kirk must necessarily lie upon the tacksmen or sub-tacksmen of the fruits thereof, the said commissioners in that case also shall determine such recompense to be given to the said tacksmen and sub-tacksmen for their loss and prejudice sustained, as the said commissioners shall find the same shall merit, by renewing of tacks to them upon such conditions as may requite their loss, or by finding out some other reasonable means which may repair the same. And our said sovereign lord, with advice and consent of the said estates, declares, statutes and ordains that all tacks which shall be determined by the said commissioners to be given in recompense to any person whatsoever for the causes above-written, and which shall be set for obedience and according to the said decreet and sentence whatsoever years or long space the said tacks shall comprehend, shall be good, lawful and sufficient securities to the persons in whose favour the same are appointed to be given and conceived; neither shall the same be in any way prejudiced by the act made in the parliament held in the year 1617, by the which it is statute that no archbishop, bishop or prelate should set in tack any part of their patrimony for longer space than 19 years, and that no inferior beneficed persons shall set in tack any part of their benefice for longer space than their own lifetimes and five years thereafter, as the said statute purports; from the which statute the said tacks so appointed to be set and given in recompense are and shall be excepted and reserved and shall in no way come under the compass of the same act and statute nor in any thing therein contained, but the same shall remain and abide valid and sufficient rights for the whole space and years appointed therein according to the tenor thereof, notwithstanding of the said act and statute. And because it may fall forth that in the recompense to be appointed by the said commissioners to the patrons, tacksmen and sub-tacksmen for the aforesaid burden to be imposed upon them more years may be assigned for prorogation of their present tacks than may lawfully or conveniently be set by the present beneficed persons to whom by law the setting of tacks of teinds belongs, for remedy thereof, our sovereign lord, with advice and consent of the said estates, declares, statutes and ordains that it shall be lawful for the commissioners aforesaid to appoint as many years after the expiring of the present tacks to the tacksmen of the said kirks and teinds, or to the patrons and sub-tacksmen respectively, for possessing of the said teinds for recompense of the said burden as they shall think reasonable, which shall be as good, valid and sufficient rights to the said patrons, tacksmen or sub-tacksmen respectively, and to their heirs and assignees, for holding, possessing and conveying the said teinds during the said years of prorogation as if good, lawful and valid tacks and rights of the said teinds had been set and made to them by the titulars of the benefices to whom the same belongs, with consent of all parties having interest. With express provision and declaration that at the expiring of all the said years, the right of the said teinds and power to set tacks thereof shall return and appertain to the aforesaid titulars of the aforesaid benefices as they did before the making of this present act. And our said sovereign lord, with advice of the estates, declares and ordains this present commission to begin upon 10 January next, with continuation of days, and to last and endure during the space of a year and a day thereafter; and after the which time the same shall cease and expire. And ordains the decreet and sentence of the said commissioners in all the particulars aforesaid and every one of them to have the strength, force and authority of a decreet, sentence and act of parliament. For obedience whereof, the lords of session shall direct and grant letters in the appropriate form and accordingly as shall be necessary. Which commission above-written, taking force and full effect in all the said particulars therein contained as the same are set down and comprehended therein by pronunciation of decreet and sentence upon the same, according to the power therein comprehended given to the said commissioners, our sovereign lord, with express consent and assent of the estates in that case, finds and declares that no person in whose favour the teinds of kirks and benefices are erected, nor no other whatsoever possessing teinds by virtue of rights lawfully made to them of the same according to the laws of this realm then standing, shall be ever further altered or quarrelled in any of their said rights in any time to come further than shall be appointed by the said decreet and sentence to follow upon this present commission, but the said rights and securities in case aforesaid shall remain in their own strength, force and effect as good, lawful and sufficient rights and securities to them and every one of them for their own parts for possessing and enjoying of the said teinds according to the tenor of the said rights for now and ever.

[1621/6/18]¹⁰

ACT VI

Act regarding comprisings

Our sovereign lord and estates of parliament, considering that his majesty's lieges are greatly damnified and prejudiced by the abuse and evil custom which heretofore has been observed in comprisings, whereby lordships, baronies and other great portions of lands are comprised for small sums of money and thereby the compriser has right to the mails, duties and profits of the lands, notwithstanding that they far exceed the profit of that sum of money for the which the said lands are comprised; for remedy whereof, it is statute and ordained that the compriser shall have no further right to the mails, ferms and duties of the comprised lands by virtue of the comprising led at his instance during the years and space that the same is redeemable, but only to such part and quantity thereof as will correspond to the annualrent of the sum at ten for the hundred, for the which comprising is led with this provision always and express declaration: that if the mails and duties of comprised lands exceed the proportion of the annualrent of the aforesaid sums for the which the comprising is deduced, and that the compriser please to intromit therewith and according thereto that he have intromission with the same, in that case his aforesaid further intromission which shall extend to any greater quantity than will justly satisfy him of the aforesaid annualrent shall be ascribed in payment and satisfaction of his principal sums for as much. Likewise the estates find and declare that the same further intromission shall be ascribed in that payment of the said principal sum so that if it shall happen that the quantity of the mails and duties to be intromitted with by the compriser to extend to as much as will satisfy the whole principal sums with the ordinary annualrent thereof according to ten for each hundred, and the expenses bestowed by the compriser in passing and obtaining infeftment of the superior of whom the lands are held, together with the annualrent of the said sums so given by the compriser to the superior for entering of him to the comprised lands and the necessary expenses and charges incurred and bestowed by the said compriser in leading and deducing the said comprising, in that case thereafter the comprising to expire ipso facto and to cease in all times following; and if that the person against whom comprising is led be minor and of lesser age, it is statute and ordained that it shall be lawful to him at any time within his perfect age of 25 years complete to redeem the said comprised lands by payment of the sums for the which the said comprising was led and of the lawful annualrents thereof according to ten for each hundred, together with the expenses bestowed in passing and obtaining of the infeftment from the superior and ordinary annualrent of the same, together also with the necessary expenses bestowed in leading and deducing of the said comprising as is above-written; and that notwithstanding of the preceding laws and practice of this kingdom by the which the legal reversion of comprised lands expired within seven years after the leading of the comprising, from the which his majesty and estates have by this present act and statute excepted minors in all times coming, declaring the same in no way to run against them; but it is declared that if a minor redeem not lands comprised (the right of reversion whereof is competent in his person) within seven years after the leading of the said comprising, but, according to the benefit granted to him by this present act, suffer the comprised lands to remain unredeemed with the compriser during all the years of his minority and less age, then and in that case the compriser shall have good right to meddle and intromit with the whole mails and duties of the comprised lands of all these years subsequent after the expiring of the said seven years and intervening between them and the said years of his majority and perfect age of 25 years complete, notwithstanding that the duties of the lands extend to more than will answer to the annualrent of the money for the which the lands is comprised. And if it shall happen a minor having right to redeem comprised lands as said is to decease before he be of perfect age of 25 years, and that another minor be heir or succeed to him in his right of reversion and title competent to him for redemption of the said comprised lands, that minor so succeeding in the rights shall have the same liberty and privilege above-written for redemption of the said lands also and in the same manner as if they had been comprised from himself, wherein he shall in no way be prejudiced by the years which ran after the comprising in the lifetime of that person minor in whose right he succeeded, but that he may also lawfully redeem the same at any time before his majority as said is. And it is declared that in case any minor having the right of the said reversion competent to him shall happen to decease after the expiring of seven years outrun after the said comprising, and that a person of perfect years succeed to the said minor in the right of his reversion aforesaid, in that case the said person major so succeeding shall be held and astricted to redeem the said comprised lands within the space of a year and a day after the decease of the said minor in whose right he succeeded, otherwise the said redemption not being used by him within that space he shall be perpetually secluded from all benefit which he may claim by the reversion and succession thereto aforesaid and all power of redemption of the said lands by virtue thereof; but if at the time of the minor's decease all the said seven years were not expired, it shall be lawful for his said successor (being major) to redeem within the space of so many of the said seven years as were not outrun the time of the minor's decease, in the same way as if the said lands had been comprised from the said minor himself; which time being expired and he doing no diligence, he shall be excluded from the benefit of his reversion. And it is specially provided that in all the above-written cases, if the comprised lands be not worth such yearly quantity of mail and duty as will proportionally pertain to the annualrent of the said money at ten for every hundred, for the which comprising is led, or, being worth that, the same is exhausted by other lawful deeds which may render the same unprofitable to the compriser and unanswerable to the annualrent of the sums for which he has comprised, either in whole or in part, then and in that case the redeemer, whether he be major or minor, shall be held before he can redeem or outquit the said lands from the compriser to refund and pay to him the full annualrent and profit of the sums for the which the lands were comprised so far as he wants and is lacking by the benefit of his said comprising. And if the rent of the land so comprised consist in victual, the estimation and consideration thereof shall be had according to the common prices of victual in those shires where the comprised lands lie according as the same gives between Yule and Candlemas [2 February]. And the said estates declare that this above-written statute shall in no way extend nor be prejudicial to comprisings which are already prescribed before the date of this present act.

[1621/6/19]¹¹

ACT VII

Regarding adjudications

Our sovereign lord and estates of parliament, considering the great prejudice sustained by diverse and sundry creditors by decease of their debtors, who, being prevented by the diligence of their concreditors by obtaining of sentences of adjudication of their defunct debtors' lands and estate in respect of the refusal of the nearest of kin to enter heirs to them, are secluded from participation of any part of the lands and goods pertaining to their said defunct debtors, they being common debtors to the said whole creditors contrary to all equity and reason; for remedy whereof, it is statute and ordained that all adjudications to be obtained by any person at any time hereafter of any of their defunct debtors' lands and estate whatsoever, with all rights and infeftments following thereupon, shall be redeemable from the party obtainer of the said sentences of adjudication, their heirs and assignees at any time after the pronouncing of the same at the instance of any concreditor of the said defunct debtor, or of any creditor of the said person who renounces to be heir to his predecessors who shall happen thereafter to obtain decreet of adjudication against the apparent heir of the defunct debtor; and that within the space of seven years next and immediately following the obtaining of the said sentences of adjudication by payment of the sums of money specified in the said sentences, together with the annualrent of the same sums according to ten for each hundred thereof during the time of the non-redemption of the same, and of the expenses sustained by them in obtaining of the said sentences to be taxed and modified by the lords of council and session. By payment of the which sums, the said concreditor shall come in the place and right of the party from whom he redeems and shall possess the same by virtue thereof perpetually thereafter, except it shall happen another concreditor who shall obtain the like sentence of adjudication to redeem the same from him within the space above-written; in the which case it is declared that the party redeemer in the second, third or fourth room and so forth so long as there are any concreditors shall be obliged not only to pay the sums contained in the adjudications obtained at the instance of the party from whom he redeems, but also the whole sums which were paid by him to the former concreditors for redemption of their adjudications with the annualrent and expenses in manner above-specified. It is always declared that if the party from whom the said adjudications shall be redeemed did uplift the ferms and duties of the lands and others contained in the adjudications, that then and in that case the party redeemer shall not be held to pay any annualrents or expenses but in so far as the same annualrents and expenses exceed and are more than the mails, ferms and duties intromitted with by the party from whom the same is redeemed. And if the said mails, ferms and duties exceed both the annualrent and expenses, it is declared that the surplus shall be allowed in the principal sum by the sight of the lords of council, consideration being had of the prices of the ferms and victual as the same were commonly sold between Yule and Candlemas [2 February] in the sheriffdom where the lands lie. It is always declared that this act shall in no way be extended to decreets and sentences of adjudication already recovered. And also it is declared that in case any minor who has renounced in his minority be restored entirely against the same renunciation, that then and in that case he shall have place to redeem from the whole creditors by payment of the said whole sums owing to them and whereupon they obtained adjudication in manner and with the provisions above-specified; and all the rest of the privileges granted to minors in comprisings to be likewise granted in adjudications, which are here held as repeated.

[1621/6/20]¹²

ACT VIII

Regarding the extracts of infeftments passed upon comprisings out of the privy seal where the same are not registered at the great seal

Our sovereign lord and estates of this present parliament, understanding that sundry of his majesty's lieges who for great sums have comprised their debtors' lands are heavily prejudiced through the fraudulent abstracting or destroying of the writs, infeftments or confirmations of the said comprised lands, the said writs, infeftments and confirmations not being registered in the register of the great seal; therefore whereas any creditor has comprised lands held of his majesty and cannot recover out of the persons' hands from whom the same are comprised the king's right and confirmation of the same infeftment given to them thereof, lest the negligence of the party not registering the infeftment or confirmation after the passing thereof at the great seal, seconded with the subsequent fraud in abstracting and destroying the principal right and confirmation, should unjustly damage the true creditor and compriser, his majesty, with advice and consent of the said estates, wills and declares that if the said infeftments and confirmations of the said persons from whom the said lands are comprised have passed the privy seal and be registered in the register thereof, that, notwithstanding the want of the infeftment and confirmation under the great seal or the extract thereof, the extract of the said infeftment or confirmation out of the register of the privy seal, the same thereafter being passed the great seal, at any time shall be a sufficient right to the compriser whereby to possess and enjoy the lands comprised according to the laws made regarding comprisings, as freely in all respects as if the said infeftments and confirmations were extant and registered in the register of the great seal. Providing always that this present act shall in no way hurt nor prejudice any third person who has infeftment or confirmation of the said comprised lands passed the great seal of an anterior date to the said infeftment so passed the great seal in manner aforesaid, but shall be only of force and effect against that person from whom the lands are comprised, his heirs and successors.

[1621/6/21]¹³

ACT IX

Regarding giving of licence to bishops to set their ward lands in feu ferm

Our sovereign lord and estates of parliament, understanding that a good number of kirk lands pertaining to bishoprics and their chapters are conveyed of old to be held by service of ward and relief, which form of holding yields no present nor constant rent and commodity but is only a casualty which becomes vacant not often, and when it becomes vacant, is gifted and conveyed by the present titulars to their own particular use without any benefit to their successors; whereas if the said kirk lands were set in feu ferm for a competent yearly duty, the same would not only augment and meliorate the estate of the benefice, but also diminish the occasion of applying of kirk rents to particular uses. And his majesty, out of his royal care and princely disposition, intending the preservation of the estate of the said bishoprics and their chapters, and therefore being most earnest to avoid and remove this evil, his majesty and estates statute and ordain that it shall be lawful for all bishops and members of chapters who have lands held of them by service of ward and relief to set the same in feu ferm for payment of a competent feu ferm duty and doubling the same at the entry of the heir, providing that the said feu ferm duty be answerable to the retoured duty of the lands; and where the lands have not been retoured, that the retour be ruled according to the custom of retours of lands in the country of the like valour where the said lands lie. And declare that this present statute shall remain in full force and effect for the space of three years after the date hereof only and no longer until further order be taken relating thereto.

[1621/6/22]¹⁴

ACT X

Act declaring sums grass given to the ministers for their glebes to be teind free

Our sovereign lord and estates of this present parliament, considering in the fifth parliament held by his majesty upon 25 July 1599, chapter 62, his highness, with advice and consent of the estates, found and declared that the ministers and readers ought and should pay no teind for their glebes and kirk lands extending to four acres of land designed to them, according to the act of parliament, but decreed and declared them to be free of their said teinds and discharged them simply thereof in all time coming. Likewise in the parliament held at Perth, 9 July 1606, chapter 7, it is ordained that there shall be designed to the ministers serving the cure at kirks where there is no arable land adjacent thereto the number of four sums grass for every acre of four acres of glebe, extending to 16 sums grass for the four acres of land, and that of the most commodious and best pasturage of any kirk lands lying next adjacent and closest to the kirk; and ordained letters to be directed for the removing the possessors therefrom in such like form as against the possessors of manses and glebes. And in respect that the ministers' glebes are teind free, and that, by consequence, the sums grass above-mentioned designed instead thereof, where no arable land is adjacent to kirks, ought likewise of all equity and reason to be teind free in respect the same is dedicated and appointed for pious uses, therefore our said sovereign lord, with advice and consent of the whole estates of this present parliament, by the tenor hereof, declares that the ministers and readers ought and should pay no teind for their sums grass designed to them in place of their glebe where no arable lands are adjacent to kirks, and decrees and declares them to be free of their teinds and discharges them simply of all payment thereof in all time coming.

[1621/6/23]¹⁵

ACT XI

Ratification and addition to the act of parliament made regarding restitution of chapters

Our sovereign lord and estates of this present parliament ratify and approve the act of parliament made in the month of June 1617 regarding restitution of chapters of cathedral kirks in all the heads, clauses, exceptions, limitations and restrictions thereof, and further ordain and declare that all deeds done since the date of the said act, or to be done hereafter, whereby any member of any cathedral kirk being an office of dignity has or shall be suppressed, or any land, parsonage, vicarage or other living belonging to the said dignity dissolved from the same without an express warrant from his majesty and consent of parliament, are and shall be with all that have followed or shall follow thereupon null and of no force nor effect, and shall be so found in all time hereafter by way of action, exception or reply. Providing always [James Hamilton], marquis of Hamilton, his right to the parsonage of Hamilton and Dalserf, [John Erskine], earl of Mar, his right to the parsonage of Carnwath, and any other person having lawful rights according to the laws of the country before the act of parliament in the year 1617 be in no way hurt or prejudiced herein.

[1621/6/24]¹⁶

ACT XII

Regarding packing and peeling

Forasmuch as by diverse acts of parliament it is statute and ordained that no person use packing nor peeling of wool, hides nor skins, unload nor load outwith free burghs and privileges of the same, notwithstanding whereof diverse strangers and other inhabitants within this realm do continually resort to the isles and other places thereabouts with their ships, barks and crayers and other vessels and do not only pack and peel skins and hides, but also do transport from thence butter, tallow and other forbidden goods, to the great contempt of the said laws, in manifest defraud of our sovereign lord, his customs. For remedy whereof, our sovereign lord, with advice and consent of the estates of the present parliament, statutes and ordains that no strangers nor inhabitants within this realm take upon hand to pack or peel any hides or skins in the said places of the isles, outwith the free burghs, nor that they transport, take away or carry out of this country any butter, tallow or other forbidden goods under pain of loss and confiscation of the hides and skins so packed and peeled by them and of loss and confiscation of the ship and whole goods that the owner of the said forbidden goods has within the same. And ordains the sheriffs of the shires and their deputes and overlords of the lands where the said skins and hides are packed and peeled, or from whence the said forbidden goods are transported, to put this present act to execution as they will answer to his majesty upon their office and obedience.

[1621/6/25]¹⁷

ACT XIII

Regarding the discharging of protections

Our sovereign lord and estates of parliament, understanding that there may be sundry protections sought by bankrupts and others who are due in great sums of money, whereby the execution due to the creditor by the laws of the country against the debtor may be frustrated, to the great damage of the creditor; for remedy whereof, it is statute and ordained that hereafter the lords of session shall grant no protection from any execution due and competent against any man of the law, and declare that if any shall be hereafter granted, the granter of the same shall be subject and liable of the law to the creditor for the sum from the which he has granted protection.

[1621/6/26]¹⁸

ACT XIIII

Regarding playing at cards and dice and horse races

Our sovereign lord and estates of parliament, considering the manifold evils and inconveniences which ensue upon carding and dicing and horse races which are now overmuch frequented in this country, to the great prejudice of the lieges, and because honest men ought not expect that any winning had at any of the games above-written can do them good or prosper, have therefore statute and ordained that no man shall play at cards nor dice in any common house, town hostelry or cooks' houses under the pain of £40 money of this realm, to be exacted of the keeper of the said inns and common houses for the first fault, and loss of their liberties for the next. Moreover, that it shall not be lawful to play in any other private man's house but where the master of the family plays himself. And if it shall happen any man to win any sums of money at carding or dicing over the sum of 100 merks within the space of 24 hours, or to gain at wagers upon horse races any sum over the said sum of 100 merks, the surplus shall be consigned within 24 hours thereafter in the hands of the treasurer for the kirk (if it be in Edinburgh), or in the hands of such of the kirk session in the country parishes as collects and distributes money for the poor of the same, to be employed always upon the poor of the parish where such winning shall happen to fall out. And to the effect that either excess in play may be thus restrained, or at the least that excessive winning may be employed as said is, our sovereign lord, by acts of his supreme court of parliament, gives full power and commission to the bailies and magistrates of burghs, the sheriffs and justices of peace in the country to pursue and convene all such persons for all winning at cards or dice and horse races which shall happen to be made by any person in addition to the said sum of 100 merks money aforesaid. And in case the magistrate informed thereof refuse to pursue for the same, the party informer shall have action against the said magistrate for double of the like sum, the one half whereof to be given to the poor and the other half to the party informer.

[1621/6/27]¹⁹

ACT XV

Act declaring all tacks set for longer space than three years without consent of the patron by persons under the degree of prelates since 1594 to be null

Our sovereign lord and the estates of this present parliament, understanding that diverse beneficed persons under the degree of prelates have taken occasion upon the act made in our late parliament held at Edinburgh, 28 June 1617, entitled 'Regarding the setting of tacks by prelates and other beneficed persons', to set tacks and assedations of the lands and teinds of their said benefices or some parts and portions thereof to diverse and sundry persons for the said beneficed person, his lifetime, and for the space of five years after his decease, without consent of the patron, albeit the said act of parliament gives no such liberty to any beneficed persons under the degree of a prelate to set such tacks, but only declares for what spaces a bishop or other prelate may set and for what spaces a beneficed man under the degree of a prelate may set, which was done by the estates to restrict the unbounded liberty used in setting of tacks for many liferents and 19 years; and the said declaration in no way takes away the lawful solemnities required to the setting of the said tacks either by consent of the chapter or patron, which still remains in the own force, not derogated, otherwise it should be lawful for a prelate to set tacks for 19 years without consent of the chapter, which is altogether absurd. And seeing by an express act made in our sovereign lord's 14th parliament held at Edinburgh, 8 June 1594, it is found and declared that no beneficed person under a prelate within this realm may in time thereafter set longer tacks of teinds or other pertinents of their benefice without consent of their patrons but for the space of three years only, which act stands in full force, strength and effect and is in no way annulled nor taken away by the said posterior act above-specified, therefore his majesty and estates aforesaid, for eschewing of all controversy that may arise upon the said last act, declare that the said last act makes no derogation to the said first act, and that all tacks set by beneficed persons under the degree of prelates since the said 8 June 1594 of any part of their said benefices longer than for the space of the said three years, without consent of their patrons, are null and of no value, according to the said first act above-specified.

[1621/6/28]²⁰

ACT XVI

Regarding mets and measures

Our sovereign lord and estates of parliament, considering that by the act of parliament held in June 1617 there was a commission granted to certain persons therein nominated for appointing and establishing a constant met and measure for buying and selling of victual within this realm, which commissioners gave out their sentence and determination declaring the measure and firlot of Linlithgow to be the just and only firlot which should be used by all his majesty's lieges in buying and selling of victual, notwithstanding whereof there are many and great abuses committed in this kingdom contrary to the said act and determination of the said commissioners to the prejudice of his majesty's lieges; for remedy whereof, his majesty and estates aforesaid have ratified and approved and, by the tenor hereof, ratify, approve and confirm the act and statute respectively above-written in the whole heads and conditions of the same after the form and tenor thereof, and command and charge all his majesty's lieges and subjects to acknowledge, embrace, obey and observe the same act and statute respectively in the whole heads and conditions of the same in form and manner specially and particularly mentioned and set down therein after the forms and tenors thereof under all highest pain, charge and offence which they may incur through their disobedience and as they will be answerable relating thereto.

[1621/6/29]²¹

ACT XVII

Regarding the discharging of a peck to the boll

Our sovereign lord and estates of parliament, understanding of the fraud and frequent abuse committed by many of his majesty's subjects, buyers and traders of victual, who, knowing that there are constant and settled measures lawfully established by the laws and statutes of this kingdom by the which all sorts of victual universally ought to be bought and sold according to the quantity appointed by the said mets, without adding of any quantity to the same or diminishing therefrom, yet nonetheless, when they make their bargains and conditions regarding the buying of any particular quantity of victual, they, by their indirect dealing, many times cause the seller agree to superadd and deliver to them in addition to the true quantity that is bought and sold at the prices convened upon some certain further quantity of victual, less or more, as they may best move the seller to condescend to and for the which they are not subject in payment of any price, to the great prejudice of the lieges and the manifest abuse and eluding of the law. For remedy whereof, it is statute and ordained that it shall not be lawful for any of his majesty's subjects to bargain or agree upon the price of victual, more or less, unless they first agree and condescend upon the price of the first boll of the bargain, which, being so agreed upon, the said price shall rule the whole quantity of the rest of the bolls to be received by the buyer, who shall have no increase nor addition of any further quantity except upon the payment of that same price as is conditioned for the said first boll. And if any person contravene this present act, he shall pay the sum of 40s for every boll of victual received by him contrary to the tenor of this act, and that in addition to the prices of the victual; the half of the said sum to his majesty and his treasurer and the other half thereof to the party dilator of the same.

[1621/6/30]²²

ACT XVIII

A ratification of the act of the lords of council and session made in July 1620 against unlawful dispositions and alienations made by debtors and bankrupts

Our sovereign lord, with advice and consent of the estates convened in this present parliament, ratifies and approves and for his highness and his successors perpetually confirms the act of the lords of council and session made against debtors and bankrupts at Edinburgh, 12 July 1620, and ordains the same to have and take full effect and execution as a necessary and profitable law for the well of all his highness's subjects, of the which act the tenor follows:

The lords of council and session, understanding by the grievous and just complaints of many of his majesty's good subjects that the fraud, malice and falsehood of a number of debtors and bankrupts is become so frequent and avowed and has already taken such progress to the overthrow of many honest men's fortunes and estates that it is likely to dissolve trust, commerce and faithful dealing amongst subjects, whereupon must ensue the ruin of the whole estate if the godless deceits of those be not prevented and remedied, who, by their apparent wealth in lands and goods and by their show of conscience, credit and honesty drawing into their hands upon trust the money, merchandise and goods of well-meaning and credulous persons, do in no way intend to repay the same, but either to live riotously by wasting of other men's substance, or to enrich themselves by that subtle stealth of true men's goods, and to withdraw themselves and their goods out of this realm to elude all execution of justice; and to that effect, and in manifest defraud of their creditors, do make false and fraudulent alienations, dispositions and other securities of their lands, reversions, teinds, goods, actions, debts and others belonging to them to their wives, children, kinsmen, allies and other confidant and interposed persons without any true, lawful or necessary cause and without any just or true price intervening in their said bargains, whereby their just creditors and cautioners are falsely and godlessly defrauded of all payment of their just debts and many honest families likely to come to utter ruin. For remedy whereof, the said lords, according to the power given to them by his majesty and his most noble progenitors to set down orders for administration of justice, meaning to follow and practice the good and commendable laws, civil and canon, made against fraudulent alienations in prejudice of creditors and against the authors and partakers of such fraud, statute, ordain and declare that in all actions and causes depending or to be intended by any true creditor for recovery of his just debt or satisfaction of his lawful action and right, they will decide and determine all alienations, dispositions, assignations and translations whatsoever made by the debtor of any of his lands, teinds, reversions, actions, debts or goods whatsoever to any conjunct or confidant person without true, just and necessary causes and without a just price really paid, the same being done after the contracting of lawful debts from true creditors, to have been from the beginning and to be in all times coming null and of no value, force nor effect at the instance of the true and just creditor by way of action, exception or reply, without further declarator. And in case any of his majesty's good subjects (no way partakers of the said frauds) have lawfully purchased any of the said bankrupts' lands or goods by true bargains from just and competent prices or in satisfaction of their lawful debts from the interposed persons trusted by the said debtors, in that case the right lawfully acquired by him who is in no way partaker of the fraud shall not be annulled in manner aforesaid, but the receiver of the price of the said lands, goods and others from the buyer shall be held and obliged to make the same forthcoming to the benefit of the bankrupts' true creditors in payment of their lawful debts; and it shall be sufficient probation of the fraud intended against the creditors if they or any of them shall be able to verify by writ or by oath of the party receiver of any security from the debtor or bankrupt that the same were made without any true, just and necessary cause or without any true or competent price, or that the lands and goods of the debtor and bankrupt being sold by him who bought them from the said debtor, the whole or the most part of the price thereof was converted or to be converted to the bankrupts' profit and use, providing always that so much of the said lands and goods or prices thereof so trusted by bankrupts to interposed persons as has been really paid or assigned by them to any of the bankrupts' lawful creditors shall be allowed to them, they making the rest forthcoming to the remaining creditors who want their due payments. And if in time coming any of the said debtors or their interposed partakers of their fraud shall make any voluntary payment or right to any person in defraud of the lawful and more timely diligence of another creditor having served inhibition or used horning, arrestment, comprising or other lawful means duly to affect the debtors' lands or goods or price thereof to his benefit, in that case the said debtor or interposed person shall be held to make the same forthcoming to the creditor having used his first lawful diligence, who shall likewise be preferred to the concreditor, who being posterior to him in diligence has obtained payment by partial favour of the debtor or of his interposed confidant, and shall have good action to recover from the said creditor that which was voluntarily paid in defraud of the pursuer's diligence. Finally, the lords declare all such bankrupts and debtors and all interposed persons for covering or executing their frauds and all others who shall give counsel and wilful assistance to the said bankrupts in the devising and practising of their said frauds and godless deceits to the prejudice of their true creditors shall be reputed and held dishonest, false and infamous persons, incapable of all honours, dignities, benefices and offices or to pass upon inquests or assizes or to bear witness in judgement or outwith in any time coming.

[1621/6/31]²³

ACT XIX

Ratification of the act of council regarding the prices of writs, seals etc. made 1606

Our sovereign lord, with advice and consent of the estates of parliament, having considered the act and ordinance of secret council made regarding prices set down to be taken by all writers, clerks, keepers of seals and others particularly expressed in the said act, which is of the date at Edinburgh, 4 February 1606, has ratified and confirmed the same in every point and article thereof, which all and sundry the premises our sovereign lord, with advice and consent aforesaid, ratifies and approves in all points in manner as the same purports, and gives to them the strength of laws and acts of parliament, and ordains execution to pass upon the same as appropriate. Of the which the tenor hereafter follows:

At Edinburgh, 4 February 1606. The lords of secret council and session, considering the great extortion used by the writers and clerks of all judicatories within this realm in extorting from the subjects of the country such unreasonable and exorbitant prices for their writs as ought not to be suffered in a well governed commonwealth, procuring thereby not only private grudges but public exclamations against the freedom and liberty granted to such shameful scaffery²⁴ and extortion, highly to his majesty's offence and contempt, hurt and prejudice of his majesty's good subjects and to the reproach and slander of the judges under whose office and judicatories the said clerks and writers serve; for remedy whereof in times coming, the lords of secret council and session have set down the prices of all letters, acts, infeftments and writs proper to whatsoever clerkship within this realm, together with the prices of the signet, privy and great seals whereby the subjects of the country may know and understand what prices they ought to give for every letter, writ, extract and seal hereafter and be no way subject to the indiscretion of the writers and keepers of the seals, which prices now set down by the said lords for the ease, benefit and relief of the subjects of the country, the said lords ordain and command all and sundry writers and clerks and the keepers of the seals, every one in their own several charge and office, to observe and keep and in no way to exceed the said prices upon whatsoever colour or pretence, under the pain of deprivation of the contravener from the office and seal which he possesses; and ordain and command the said clerks and writers to write all their letters, acts, writs, registers and such other things as pass through their office and hands compactly, and in no way to abuse the people with disperse writing, under the pain to be censured and punished as abusers of his majesty's subjects and as contraveners of the said lords' ordinance now set down regarding the said prices. Commanding and charging also all and sundry clerks and writers bearing public function and charge within this kingdom that they, and every one of them, within the space of a month after the date hereof, have the just and authentic [duplicate]²⁵ of this act and of the prices following thereupon affixed in some public and patent place of their booth and chamber where they write, through which all his majesty's subjects having business with them may have inspection of the same and accordingly know what to pay. And that the said writers and clerks shall write upon the backs of all writs to be given out by them the just and ordinary price which they receive from the party for their pains, and subscribe the same with their hands under the said pain of deprivation of the contravener.

The prices set down to the clerks of our sovereign lord's signet to be taken hereafter for all signatures to be formed and written by them

• A signature of escheat, to pay --- 10s
• A signature of an escheat and liferent --- 20s
• A signature of ward, non-entry, relief and marriage --- 20s
• A signature of marriage only, non-entry only or relief only --- 10s
• A signature of whatsoever infeftment, resignation or confirmation or erection, for the first sheet thereof --- 30s
• And for every sheet more beside the first sheet --- 20s
• The precepts upon the signatures, to pay accordingly as the signature pays a remission or respite --- 10s
• The precept upon the remission --- 10s
• A presentation to a parsonage or vicarage --- 13s 4d
• A signature of a bishopric or abbacy containing a sheet of paper --- 30s
• And for every sheet more than one which the signature contains --- 20s
• The precept thereof to pay accordingly
• Other common signatures of pensions, prebendaries, chaplainries or gifts of offices --- 13s 4d

Prices set down to the keepers of the treasurer's register to be taken hereafter of all such gifts and signatures as pass the said register

• The escheat of any common man --- 6s 8d
• And for every person more that shall be contained in the signature --- 3s 4d

Providing that the payment (per capita) exceed not 10 persons, their escheat and liferent to pay the double of the same sums.

• The escheat of a baron --- 13s 4d
• And for every person of that rank contained in the signature --- 6s 8d

Providing that the payment (per capita) exceed not 10 persons, and their escheat and liferent to pay the double of the same sums.

• The escheat of a lord of parliament --- 40s
• And for every person more of that rank contained in the signature --- 20s

Providing that the payment (per capita) exceed not 10 persons, their escheat and liferent to pay the double of these sums.

• A legitimation --- 13s 4d
• A remission or respite to a common man --- 6s 8d
• And for every person more of that rank contained in the said signature --- 3s 4d
• The remission or respite of a baron --- 13s 4d
• And for every person more of that rank contained in the signature --- 6s 8d
• The remission or respite of a lord of parliament --- 40s
• And for every person more of that rank contained in the same signature --- 20s
• A signature of infeftment of a five pound land or under --- 20s
• A signature of infeftment of a ten pound land or under --- 30s
• A signature of infeftment of all other lands under a barony or thirty pound land --- 40s
• The infeftment of a barony --- 50s
• The infeftment of an earldom or lordship --- £4
• The ward, non-entry, relief and marriage of a yeomen --- 13s 4d
• Of a baron --- 26s 8d
• Of a lord of parliament --- £4

Prices set down to the keepers of the collector's register to be taken hereafter of all such letters as pass that register

• An infeftment of five pound land or under --- 20s
• An infeftment of ten pound land or under --- 30s
• An infeftment of all other lands under a thirty pound land or barony --- 40s
• The infeftment of a barony --- 50s
• The infeftment of a lordship of parliament --- £4

Prices set down to the keepers of the register of benefices to be taken hereafter of all such letters as pass that register

• A presentation to a vicarage with the act of caution --- 20s
• Presentation to a parsonage with the act of caution --- 40s
• An abbacy --- £4
• A bishopric --- £6

Prices set down to the writers to the privy seal to be taken hereafter of all such letters and writs as pass that office

• The escheat of a common man --- 13s 4d
• And for every person more of that rank contained in the signature --- 6s 8d
• Providing that their payment (per capita) exceed not 10 persons, their escheat and liferent to pay the double of these sums.
• The extract of the said escheat and liferent --- 13s 4d
• The escheat of a baron --- 26s 8d
• And for every person more of that rank contained in the signature --- 13s 4d
• Providing always that the payment (per capita) exceed not 10 persons, their escheat and liferent to pay the double of this sum.
• The extract of this escheat and liferent --- 20s
• The escheat of a lord of parliament --- £4
• And for every person more of that rank contained in the signature --- 40s
• Providing that the payment (per capita) exceed not 10 persons, their escheat and liferent to pay the double of the said sum.
• The extract of this escheat and liferent to pay --- 40s
• Signature of a vicarage --- 20s
• Signature of a parsonage --- 40s
• Signature of a bishopric --- £10
• Signature of an abbacy --- £6
• A legitimation --- 20s
• A remission or respite to a common man --- 10s
• And for every person more of that rank contained in the signature --- 5s
• A remission or respite to a baron --- 20s
• And for every person more of that rank contained in the signature --- 10s
• A remission or respite to a lord of parliament --- £3
• And for every person more of that rank contained in the signature --- 30s
• An infeftment of a five pound or under --- 30s
• An infeftment of a ten pound land or under --- 40s
• An infeftment of all other lands under a thirty pound land or barony --- £3
• An infeftment of a barony --- £4
• An infeftment of a lordship of parliament --- £6
• The ward, non-entry, marriage and relief of a common man --- 20s
• Of a baron --- 40s
• Of a lord of parliament --- £6 6s 8d

Prices set down to the director of the chancellery to be taken hereafter of all such letters and writs as pass that office

• Legitimations --- 40s
• Remissions to a yeoman --- 40s
• And for every person more than one contained therein --- 20s
• Remission to a baron --- £4
• And for every person of that rank more than one contained therein --- 40s
• Remission to a lord of parliament --- £6
• And for every person of that rank more than one contained therein --- £3
• The writing and registering of a confirmation or infeftment of a five pound land or under with the precept of sasine thereupon, duly and orderly passed the quarter seal --- £4
• The writing and registering of a confirmation or infeftment of a ten pound land or under with the precept of sasine following thereupon, duly and orderly passed the quarter seal --- £5
• The writing and registering of a confirmation or infeftment of all other lands under a barony or thirty pound land with the precept of sasine following thereupon, duly and orderly passed the quarter seal --- £6
• The writing and registering of an infeftment of a barony with the precept of sasine passed the quarter seal --- £10
• And for every barony more than one contained therein --- £5

Providing that the whole payment exceed not £20.

• The writing and registering of an infeftment of a lordship or earldom, with the precept of sasine passed the quarter seal --- £20
• And for every barony more than one contained therein --- £5

Providing that the whole payment exceed not £50.

• Commissions orderly passed the quarter seal for serving of brieves in favour of a yeoman --- 40s
• Commissions sealed in favour of a baron --- £3
• Commissions sealed in favour of a lord of parliament --- £6
• Tutory datives duly and orderly sealed --- 40s
• For the whole persons contained in the tutory presentations upon forfeiture or bastardry of small annualrents or lands within burgh and of small portions of lands, for the writing and quarter seal --- 40s
• And of other lands of great value --- £5
• A brieve --- 5s
• An attorney --- 2s
• The registering of a retour to a common man --- 13s 4d
• To a baron --- 26s 8d
• To a lord of parliament --- 40s
• Precepts upon the retour for lands under a ten pound land --- 40s
• And if the lands be above a ten pound to pay accordingly, providing that the highest price exceed not the second and third precepts --- £4
• The fourth precept according to the first precept --- 20s
• Summons of error passed the quarter seal --- £4
• And in case it contain many remissions, not to exceed --- £6

Prices set down to the writers to the signet to be taken hereafter of all letters, summonses and writs which pass their hands, excepting always signatures, the prices whereof are already set down

• Advocations and suspensions --- 13s 4d
• For the first sheet and for every sheet more which it contains besides the first sheet --- 10s
• All common letters --- 10s
• Contracts, for the first sheet --- 30s
• And for every sheet more which it contains --- 20s
• Summonses of a sheet of paper --- 13s 4d
• And for every sheet more which it contains --- 10s

Prices set down to the ordinary clerks of the session to be taken hereafter of all such letters, acts and writs as pass that office

• The registering of an obligation --- 13s 4d
• The extract thereof --- 13s 4d
• Acts and letters --- 20s
• An act of litiscontestation in summary and common causes, for every sheet of the act and of the decreet --- 20s

And in matters of contentious disputation heard in presence of the said lords, the price of the act of litiscontestation to be at the discretion of the party.

• Common and ordinary extracts, for every sheet extracted --- 13s 4d
• The registration to pay as much.

Prices set down to the clerk of the bills before the session to be taken hereafter of all bills and acts proper to that office

• Bills --- 4d
• Acts of caution with the relief --- 20s
• Commissions --- 13s 4d
• Dispensations in favour of a party --- 4d
• And for a sheriffdom, stewartry or burgh --- 6s 8d
• Acts of lawborrows, for every person contained in the act --- 6s 8d
• Advocations --- 20s
• Relaxations per se --- 6s 8d
• And for every person contained therein accordingly.

Prices set down to the clerk of privy council to be taken hereafter of all such letters and writs as pass that office

• Letters of complaint containing a sheet of paper --- 20s
• And for every sheet over the first sheet --- 10s
• Letters of lawborrows --- 13s 4d
• An act of caution with the relief --- 20s
• An act of lawborrows, for every person contained in the act --- 6s 8d
• Decreets of a sheet of paper --- 26s 8d

Prices set down to the clerks of the exchequer to be taken hereafter of all writs which pass that office

• Item, for writing, rolling and extracting of a sheriff's account --- £3 6s 8d
• Item, for writing, rolling and extracting of a chamberlain's account --- £3 6s 8d
• Item, for writing, rolling and extracting of a burgh account --- 20s
• Item, for writing an extract of a rental --- 6s 8d
• Item, for writing of an account to any person out of the comptroller or treasurer's accounts --- 6s 8d
• Item, for allowance of a gift in the exchequer --- 6s 8d
• Item, for writing, rolling and extracting of a custom account --- 20s

Prices set down to our sovereign lord's signet to be taken hereafter by the keeper thereof for all letters and writs which pass the signet

• For summonses of whatsoever quality --- 10s
• For letters of inhibition and arrestment --- 16s 8d
• For letters of lawborrows and criminal letters, however many persons be inserted --- 10s
• For minister's letters --- 10s
• For all letters of horning of whatsoever quality, except letters of lawborrows and criminal letters --- 31s 8d
• A relaxation --- 10s

And accordingly for every person relaxed or composition at the discretion of the keeper of the signet.

• For a legitimation --- 20s
• For an infeftment or confirmation of a five pound land or under --- 30s
• For an infeftment or confirmation of a ten pound land and under --- 40s
• For an infeftment or confirmation of other lands under a thirty pound land or barony --- 50s
• For an infeftment of a barony --- £3
• And so many more different baronies as are contained in the signature --- £3
• For an infeftment of an earldom and lordship of dignity --- £6
• And for every baron beside contained in the signature --- £3
• For comprisings --- 40s
• For an abbacy --- £6
• For a bishopric --- £10
• For an archbishopric --- £12
• And if an abbacy be included, to pay --- £6
• For a remission to a common man --- 20s
• And accordingly for every person contained in the same remission and for every crime.
• For a remission to a baron --- 40s
• And accordingly for every person of that rank and for every crime contained in the signature.
• For a remission to a lord of parliament --- £3
• And accordingly for every person of that rank and for every crime contained in the signature.

A patronage being inserted in a barony, to pay the half price that the barony pays at the signet.

A taxed ward being inserted, to pay likewise the half price that the lands or barony pays at the signet.

A regality, to pay the whole price that a barony pays at the signet.

Prices set down to the keepers of the privy seal to be taken hereafter for all letters and writs that pass the seal

• For the escheat of a common man --- 26s 8d
• And for every person more contained in the signature --- 13s 4d

The liferent and escheat to pay the double of this sum.

• For the escheat of a baron --- 53s 4d
• And for every person more of that rank contained in the signature --- 26s 8d

Their escheat and liferent to pay the double of this sum.

• The escheat of a lord of parliament --- £8
• And for every person more of that rank contained in the signature --- £4

Their escheat and liferent to pay the double of this sum.

• For a vicarage --- 40s
• For a parsonage --- £4
• For an abbacy --- £12
• For a bishopric --- £20
• For an archbishopric --- £24
• And if an abbacy be included, to pay --- £12
• For a legitimation --- 40s
• For a remission or respite to a common man --- 40s

And accordingly for every person and every crime contained in the signature.

• For a remission or respite to a baron --- £3

And accordingly for every person more of that rank and for every crime contained in the signature.

• For a respite or remission to a lord of parliament --- £6

And accordingly for every person of that rank and for every crime contained in the signature.

• For an infeftment or confirmation of a five pound land or under --- £3
• For an infeftment or confirmation of a ten pound land or under --- £4
• For an infeftment or confirmation of all other lands under a thirty pound land or barony --- £5
• For an infeftment or confirmation of a barony --- £6
• And for every barony more contained in the said infeftment --- £3
• For an infeftment or confirmation of an earldom or lordship of dignity --- £12
• And for every barony besides contained in the infeftment --- £6
• For a comprising --- £4

For a patronage inserted in a barony, the half price of the privy seal

For a taxed ward, the half price that the land or barony pays at the privy seal

For a regality, the whole price that the barony pays at the privy seal.

• For the ward, non-entry, relief and marriage of men under barons --- 40s
• For the ward, non-entry, relief and marriage of a baron --- £4
• For the ward, non-entry, relief and marriage of a lord of parliament --- £10
• For the ward only of a mean man --- 30s
• For the ward only of a baron --- £3
• For the ward only of a lord of parliament --- £5
• For the non-entry only of men under barons --- 20s
• For the non-entry only of barons --- 40s
• For the non-entry only of earls and lords --- £3
• For the marriage only of men under barons --- 30s
• For the marriage only of barons --- £3
• For the marriage only of lords of parliament --- £5
• For common gifts of prebendaries, chaplainries, pensions or offices --- 30s

Prices set down to the great seal to be taken hereafter for all such infeftments and writs as pass that seal

That the keeper of the great seal exceed not the quadruple of the privy seal, but conform themself thereto in all points.

Regarding chamber fees

The lords of secret council and session find that in times bygone when the duty of the chamber fees first came in custom that no infeftment nor signature paid chamber fee except only resignations made in the king's hands and, therefore, the said lords declare, statute and ordain that in all time coming no infeftment nor signature shall pay chamber fee except only resignations of lands held of his majesty, and that the duty of the chamber fee to be taken for the said resignations shall be equal and proportional to the duty and price due to the privy seal for the lands which shall be resigned. Commanding hereby his majesty's ushers and their deputes appointed for collecting of their said fee that they in no way violate this present act but conform themselves thereto in all points as they will answer upon their obedience, and that the keeper of the signet and privy seal in no way prevent nor hinder any letter of writ at their seals for alleged non-payment of the chamber fee under the pain of deprivation.

Prices set down to the procurators fiscal to be taken hereafter for forming of testaments

• For small testaments wherein there is little gear and a mean quot --- 13s 4d
• For testaments wherein there is much gear and a great quot --- 20s
• For the testaments of earls, lords and great barons for every sheet --- 30s

Prices set down to the commissary clerks to be taken hereafter of all such letters and writs as pass their office

• A summons ad instantiam with the signet --- 8d
• A libelled summons not exceeding half a sheet of paper, compactly written --- 2s
• The libelled summons exceeding half a sheet of paper --- 3s
• The putting of an act into the book --- 4d

And further as the writing shall be of quantity at the discretion of the judge, and the extract of the same as much and further at the discretion of the said judge.

• The summons to summon witnesses, whether the party or his procurator be warned in the acts or not --- 8d
• For pronouncing of sentences in small causes of the value of £20 or within which were wont to be called decreets --- 3s 4d
• For pronouncing of sentences in causes of great value --- 6s 8d
• The precept executorial upon the sentence --- 2s
• The inhibition --- 2s
• Precepts of arrestment --- 2s
• For summons to hear executors' datives given --- 2s
• For registering of contracts, obligations or also evidents not exceeding half a sheet of paper --- 3s 4d
• For registering of the same exceeding half a sheet of paper --- 6s 8d

The extract thereof subscribed by the principal clerk, half as much.

• The transcripts of evidents or writings under the seal of office --- 13s 4d
• The extracting of process written compactly, each leaf on both the sides --- 2s
• The registering of a testament containing a sheet of paper --- 26s 8d
• And if it exceed a sheet --- 34s 4d

Prices set down to the sheriff clerks, stewart and bailie clerks and clerks of regality and to clerks in services by commission to be received by them for all such letters, acts and writs as pass their offices

• For a libelled precept being formed by the clerk, sealed and subscribed --- 13s 4d
• And if it be not formed by the clerk, for the subscribing and sealing --- 6s 8d
• For a precept of arrestment, with the seal thereof --- 6s 8d
• For an act of loosening of arrestment --- 6s 8d
• For the act of lawborrows taken at the bar --- 6s 8d
• For an act of curatory, with the edict, process and extract thereof --- 26s 8d
• For an act of revocation or renunciation given in writing to be registered --- 6s 8d

And the lords of secret council expressly prohibit and discharge that no act of revocation or renunciation be received by judicial compearance without a warrant in writing bearing registration.

• For extract of the revocation or renunciation --- 6s 8d
• For act and precept of continuation in all causes --- 6s 8d
• For an act of litiscontestation with the precept of diligence, containing a sheet of paper or within --- 10s
• And in case it be more than a sheet, that the payment exceed not --- 20s
• For booking and extracting of every decreet within a sheet --- 10s
• And for every sheet more that exceeds the first sheet, written compactly --- 6s 8d

Providing always that the decreet exceed not 40s however long the decreet be.

• For a precept to poind, eject and remove --- 10s
• For deducing of a process to serve a general heir and for extracting and sealing of the retour thereof --- 30s
• For the process of a special service to lands, with the retour extracted and sealed thereupon, comprehending herein the opining and proclaiming of the brieves, forming of the claims and all things to be done in the process if the lands extend to a forty pound land or within --- £4
• And if it exceed a forty pound land, to pay --- £12
• For an instrument of sasine upon the retour --- £3
• And if it be a barony and lordship of land, dispensing with the sasine to be taken at a place; and if the lands lie disconnected and far from the sheriff's residence, that they exceed not --- £10
• For registering of letters of horning upon a simple charge or four forms, as well in the books of the clerks aforesaid as in the clerk of register's books, for every sheet thereof --- 6s 8d

And not to exceed 20s however long the horning be.

• For inhibitions and relaxations however long they be --- 20s
• For every sheet of all extracted processes which the writer shall be held to write compactly under pain to be punished in case he fail --- 10s

Prices set down to the clerks of the admiralty to be taken hereafter for all letters, acts and writs as pass that office

• For a libelled precept being formed and written by the clerk and sealed and subscribed --- 13s 4d
• And if it be not formed by the clerk, for the subscribing and sealing thereof --- 6s 8d
• For the precept of arrestment, with the seal thereof --- 6s 8d
• For the act of loosening of arrestment --- 6s 8d
• For an act and process of continuation in all causes --- 6s 8d
• For an act of litiscontestation, with the precept of diligence containing a sheet of paper of within --- 10s

And in case it be more than a sheet, that the payment exceed not 20s

• For booking and extracting of every decreet within a sheet of paper --- 10s
• And for every half sheet more that it exceeds the first sheet, which the lords ordain to be compactly written --- 6s 8d

It is always ordained and commanded by the said lords that the payment exceed not 40s however long the decreet be.

• For a precept to poind --- 10s
• For every sheet of all extracted processes, which the writer shall be held to write compactly under the pain to be punished in case he fails --- 10s

Prices set down to the keepers of the secretary's register to be taken hereafter for all such letters as pass that office

The lords of secret council and session command and ordain the clerks keepers of the said registers of the secretary that they and every one of them conform themselves in their prices to the acts of parliament made regarding the prices of such letters and writs as pass through their registers, and that they in no way presume to exceed the said prices under the pain of deprivation.

Prices set down to the clerks within burgh to be taken hereafter for all such letters, acts and writs as pass the office of common clerkship within burgh

• The claim of debt in matters of small importance --- 12d
• The act of court the first day and all acts before litiscontestation --- 8d
• An act of interlocutor or litiscontestation --- 12d
• The acts of probation until sentence --- 12d
• The extract thereof for calling the action and warning the party and witnesses --- 12d
• The sentence pronouncing in small causes --- 2s
• And in great causes not to exceed --- 6s 8d
• The extract thereof --- 6s 8d
• In great causes exceeding £40, the claim being made by libelled precept for every precept forming and subscribing --- 6s 8d
• The acts thereof --- 12d
• The act of interlocutor booking --- 12d
• The extract thereof --- 3s 4d
• The sentence pronouncing and booking --- 6s 8d
• The extract of each sheet thereof, compactly written --- 6s 8d
• All the acts in the process, every act --- 12d
• The precept of poinding --- 2s
• The booking of goods comprised by officers --- 6s 8d
• The process of comprising of lands or annualrents, each sheet compactly written --- 8s 8d
• Every act thereof --- 12s
• Every claim of injury which passes not to an assize, but witnesses examined thereupon --- 12d
• Every ditty of strikes and blood --- 12d
• The depositions of witnesses, every person --- 12d
• Commission for examination of witnesses direct to other judges --- 6s 8d
• For proclaiming of the brieve --- 6s 8d
• For endorsing of the brieve --- 3s 4d
• For making of the claim in a general service --- 3s 4d
• For making of the claim in a special service --- 6s 8d
• For the acts of objection and replies --- 12d
• For booking and extracting of a general service and directing of the retour --- 20s
• For booking and extracting of a special service and directing of the retour for a tenement --- 30s
• For two tenements --- 40s
• And if there be more tenements, the whole payment not to exceed --- £3
• For an instrument of sasine upon a general service --- £3
• For an instrument of sasine upon a special service --- £4
• A charter of alienation --- 40s
• And for every land more than one contained in the charter --- 6s 8d

Providing that the whole payment exceed not £3

• A procuratory of resignation --- 30s
• And for every land more than one contained in the procuratory --- 6s 8d
• And the whole payment not to exceed --- 46s 8d
• An instrument of resignation --- £3
• A contract of alienation containing a sheet of paper --- 20s
• And for every sheet more than one --- 10s
• The registering of every sheet thereof --- 10s
• The extract and subscribing of every sheet --- 10s
• For a reversion written upon parchment --- 40s

And in case of more lands not to exceed 53s 4d

• The booking and extracting of every sheet of whatsoever contract --- 10s
• Charter parties of each party of two --- 6s 8d
• Indentures of each party of two --- 6s 8d
• Booking of apprentices --- 2s
• The extract thereof --- 2s
• Act of creating of a burgess and extract thereof --- 12s
• The guild tickets --- 12s
• The entry of ships and boats and extract thereof --- 3s 4d

The lords of secret council and session ordain and command that no process be granted before inferior judges in the first summons but upon libelled precepts and citation of 15 days' warning according to the act of parliament, and ordain this ratification to be published and imprinted. Moreover our sovereign lord, with consent aforesaid, has simply discharged the whole subjects and lieges of this realm of all such bygone penalties, fines and punishments which they, or any of them, have incurred through breaking and violating of the said act of council in any time bygone preceding the date hereof, and discerns the same to be of strength, force and effect against the transgressors thereof in all time coming only. And further, our said sovereign lord, with consent aforesaid, gives and grants full power and commission to the lords of his highness's privy council to take order for setting down and appointing of such particular prices as are omitted to be set down by the said act of council; and whatsoever the said lords of privy council shall decree and ordain in the premise, discerns the same to have the strength and force of an act of parliament in all time thereafter.

[1621/6/32]²⁶

ACT XX

Act ordaining annualrent to be due after horning

Our sovereign lord and estates of parliament, considering the great prejudice which diverse of his majesty's lieges sustain by the want of their money lent and given forth upon bond or contract or otherwise justly owing to them by their debtors, who, having used all execution competent to them by law against their debtors by charging and putting of them to the horn, are forced after many years to receive their principal sum and penalty without any satisfaction of their annualrent and interest of their money in the meantime, which, as it is a prejudice to the true creditors, so it is an occasion to the debtors to contain his majesty's charges and letters of horning who resolve in end to pay no more for relief of the horning after many years delay than they were obliged to at the beginning. For remedy whereof, his majesty, with advice and consent of the estates of parliament, statutes and ordains that whensoever any person is denounced rebel and put to the horn for non-payment of sums of money owing by him by bond, contract or otherwise, that after the said denunciation the said person so denounced shall be subject in payment of annualrent for the said sums for the which he is put to the horn, and that of all years and terms from the date of the said denunciation to the time of the payment of the same; and that notwithstanding there be no agreement nor condition of annualrent made between the said parties which may bind the said party who is denounced rebel to the payment thereof. And such persons as are now standing rebels and at the horn, this act shall not work against them as in times past, but shall have strength and force against them in time coming from the feast of Martinmas [11 November] 1621; and they shall begin to be subject in payment of annualrent at that time and yearly and termly thereafter until the payment of the principal sum.

[1621/6/33]²⁷

ACT XXI

Regarding servants going loose and leaving their master's service

Our sovereign lord and estates of parliament, understanding the great straits and necessities into which the poor labourers of the ground are driven and constrained, especially by the fraud and malice of servants who either refuse to be hired without great and extraordinary wages promised to them, or otherwise hire themselves only from Martinmas [11 November] to Whitsunday [May/June], after the which term of Whitsunday they cast them loose, of purpose and intention to make their gain and advantage by the extraordinary works which befall in that season between Whitsunday and Martinmas, such as casting and extracting of peat, turf, fail, divot, building of fold dykes, shearing in the harvest, for doing whereof they know the said husbandmen who have necessarily business therewith will be forced to hire them at daily and weekly wages and such high rate as they please, to the great harm of the labourers of the ground and all his majesty's subjects. For remedy whereof, it is statute and ordained that it shall not be lawful for any hired servant from Martinmas to Whitsunday to leave his master at the said term of Whitsunday and to run loose in that service unless he be able to verify to the justice of peace or constable of the bounds that he is hired to another master from the said feast of Whitsunday to Martinmas thereafter; and if it be found that he is not hired to another master, then and in that case it is declared that it shall be lawful to his present master to keep and detain him from the said feast of Whitsunday to Martinmas for payment to him of such wages as he paid to him of before; and if he refuse to serve, that the justice of peace shall have power to compel him thereto; and if the said servant of the quality aforesaid break loose from his master, it shall be lawful for his master to take and apprehend him wheresoever he finds him and present him to the constable or justice of peace upon the ground where he shall be found, who shall have power to compel the servant to return to his former master (if it be found that he be masterless and no other way). And also, his majesty and estates find and declare that it shall be lawful to all his majesty's lieges who have necessarily business with labour to take, apprehend and employ in their works whatsoever loose and masterless men and women whom they shall find within their own bounds; and also that the justices of peace and constable shall have power at the instance and desire of whatsoever person, his majesty's lieges, to force and compel all and whatsoever loose men and women to serve for competent hire and wages.

[1621/6/34]²⁸

ACT XXII

Regarding counterfeiting and making of false writs

For eschewing the danger wherein many of his majesty's lieges stand by counterfeiting and falsifying of evidents, it is statute and ordained that whosoever makes and uses a false writ, or is accessory to the making thereof, shall be punished with the pains due to the committers of falsehood; and it shall not be lawful for any person, counterfeiter, falsifier or accessory whatsoever to declare in judgement that he passes from the writ quarrelled of falsehood, but if after the trial the writ quarrelled be found false, the passing from or declaration of the party that he will not use the same shall in no way free him from the punishment which is due to those who commit falsehood.

[1621/6/35]²⁹

ACT XXIII

A general pardon for deeds done against penal statutes (some few excepted) and a discharge of James Cranston, his commission

Our sovereign lord and estates of this present parliament, considering the complaint made by the barons, sheriffs, stewarts, bailies and other freeholders within this kingdom concerning the danger which all our sovereign lord's lieges do daily underlie for having transgressed penal statutes which have a pecuniary or arbitrary pain added thereto, and the great hurt and prejudice sustained by granting commissions to private persons for execution of the same statutes which have been used among the common people at sundry times with intolerable rigour and exaction of before, have discharged, freely pardoned and remitted, discharge, freely pardon and remit all contraveners of any of the said penal statutes for all deeds done by them contrary to the tenor of the same statutes in times bygone, except only the statutes concerning wearing and bearing of hackbuts and pistols, taking of unlawful usury, transporting of money and gold and slaying of red and black fish, which are in no way discharged by this present statute nor comprehended herein. As also our said sovereign lord, with advice and consent of the said estates, statutes and declares that hereafter commission for putting of penal statutes to execution shall only be granted to honest men of good quality who shall be sufficiently authorised by the lords of secret council for discharging of their office, and absolutely discharges in time coming James Cranston, his deputes or officers to call or convene any person or persons for slaying of red or black fish, and from henceforth declares the power of his commission granted to him to that effect to be quit, extinguished and abolished.

[1621/6/36]³⁰

ACT XXIIII

Regarding evidents passed the great seal which are not registered

Our sovereign lord and estates of parliament, understanding that there are sundry infeftments and other writs which pass his highness's great seal that in time bygone, after the expelling thereof and appending of the seal thereto, have, through the oversight and negligence of the receivers thereof in the not returning of the same to the director of his highness's chancellery and his deputes, been omitted to be registered in their books and the registers appointed for that effect; and considering that the non-registration of the same infeftments and writs tends to the great hurt and prejudice of the persons to whom the same are granted and pertain, therefore our said sovereign lord and estates of parliament, for remedy hereof, statute and ordain that in time coming when any infeftment or other writ or evident which passes his highness's great seal shall be formed and written by the director of his highness's chancellery or his deputes, the same after the writing thereof shall be delivered by them to the party submitter of the said infeftments or other writs aforesaid, to the effect he may get his highness's great seal thereto appended; at the delivery whereof, the party receiver of the same shall only be held and astricted to pay at that time to the director of the chancellery or his deputes that one half of the prices allowed to him by the book of rates for writing of evidents to the great seal, and that only in consideration of the pains taken in forming and writing of the said writs and evidents, without paying beforehand the other half of the said prices, which hereby is appointed to be reserved unpaid until the same be registered in manner after-mentioned. Which infeftments and evidents being delivered to the keeper of the great seal, and he having appended the same seal thereto, and being satisfied of the price due to him, therefore ordain the keeper of the great seal to return and redeliver the same infeftment or other writ aforesaid so sealed by him back again to the director of his highness's chancellery or his deputes, to the effect the same infeftments, evidents or other writs aforesaid [may] be registered by him in the registers and books appointed for that effect; which being so registered, ordain the director of his highness's chancellery and his deputes to deliver the same to the party, he being satisfied of the other half of the price aforesaid retained by the party and unpaid by him at the time of the writing of the said evidents to the great seal as due for the registration thereof in manner above-written. And also our said sovereign lord statutes and ordains all and whatsoever persons who have any infeftments, writs or securities granted to them and already passed the great seal and which are not as yet registered to return the same back again to the director of his highness's chancellery within the space of a year after the publication of this present act, to the effect the said infeftments and writs may be registered by the said director of his highness's chancellery and his deputes and that freely and without any payment to be given to him for that.

[1621/6/37]³¹

ACT XXV

Regarding banqueting and apparel

Our sovereign lord and estates of parliament, considering the great hurt coming to this country by the superfluous usage of unnecessary sumptuousness in meat, apparel and otherwise, and that by all sorts of people indiscriminately, without distinction of persons of ranks or quality, for repressing the said abuse in time coming, do statute and ordain that none of our sovereign lord's lieges of whatsoever quality or degree shall wear any clothing of gold or silver cloth, or any gold or silver lace upon their apparel or any part of their bodies hereafter, and that no manner of person shall have any apparel of velvet, satin or other stuff of silk except noblemen, lords of parliament, prelates, his majesty's councillors, lords of session, barons of quality having of free yearly rent 80 chalders of victual or 6,000 merks of silver, and the provosts of the principal burghs within this kingdom, or those who have been provosts, with such also as shall happen to be or have been provosts, bailies, dean of guild and treasurer within the town of Edinburgh, excepting also rectors of universities. And it is statute and ordained that those persons which are permitted to wear the said apparelling of silk shall in no way have embroidering or any lace or passements upon their clothes, except only a plain welting lace of silk upon the seams or borders of their clothes, with belts and hatbands embroidered with silk; and also that the said apparel of silk be in no way cut out upon other stuffs or silk except upon a single taffeta, and that the wives of the said privileged persons, their eldest sons and eldest daughters unmarried and the children of all noblemen be licensed to wear their apparel in manner aforesaid only under the pain of £1,000 on every occasion.

2. Item, that no person of whatsoever degree shall have pearling or ribboning upon their ruffs, sarks, napkins and socks except the persons before privileged, and the pearling and ribboning to be so worn by them (if any be) to be of those made within the kingdom of Scotland under the pain of £100 on every occasion.

3. Item, that none wear upon their heads or head-dresses any feathers, and notwithstanding it is permitted that any person may wear chains or other goldsmith work having no stones nor pearls within the same. And that no person wear any pearls nor precious stones except the persons before privileged under the pain of 1,000 merks to be paid by the contraveners on every occasion.

4. And it is statuted that no person nor persons except the privileged persons aforesaid wear lawn or cambric, and that no person whatsoever wears upon their body tiffanies,³² cobwebs,³³ lawns or slyres³⁴ under the pain of £100 on every occasion.

5. Nevertheless, the king's majesty, prince and their ordinary household servants are exempt from this act and all the clauses thereof.

6. It is moreover statute that no servants, men or women, wear any clothing except those that are made of cloth, fustian, canvas or stuffs made in the country, and that they shall have no silk upon their clothes except silk buttons and button holes and silk garters without pearling or roses, under the pain of 100 merks on every occasion.

7. It is always declared that it may be lawful for them to wear their master's or mistress's old clothes.

8. It is hereby ordained that no [clothes]³⁵ be gilded with gold.

9. It is also declared that heralds, pursuivants and likewise trumpeters be exempt from this act.

10. Item, it is also statuted that minstrels be exempt.

11. Item, it is further statuted that none, except the privileged persons aforesaid, use damask table linen brought from beyond sea, under the pain of £100 on every occasion.

12. It is likewise statute that no more mourning attire be made at the death of any earl or countess, but 24 at the most; or for a lord of parliament or a lord's wife, but 16 only; and for all other privileged persons before named, 12 at the most. And that none except the privileged persons have any honours carried and those according to their qualities. And that no mourning attire be given to heralds, trumpeters or saulies,³⁶ except by the earls and lords and their wives; and the number of the saulies to be according to the number of mourning attire, under the pain of £1,000 on every occasion.

13. It is statuted that the fashion of clothes now presently used not to be changed by men or women, and the wearers thereof under the pain of forfeiture of the clothes and of £100 to be paid by the wearers and as much by the makers of the said clothes on every occasion.

14. It is ordained that no beaver-fur hats be used or worn but by the privileged persons, under the pain of £100 on every occasion.

15. It is further enacted that no clothes shall be made after the publication of the act, but according to the manner and condition before expressed. And that none of the former discharged clothing be worn by any person after Martinmas [11 November] 1623, under the pains respectively set down above on every occasion.

16. Item, it is ordained that the husbandmen and labourers of the ground wear no clothing but grey, white, blue and self black cloth made in Scotland, and that their wives and children wear the like under the pain of £40 on every occasion.

17. It is further statuted and ordained that no person use any manner of dessert of wet and dry confections at banqueting, marriages, baptisms, feasting or any meals except the fruits growing in Scotland; as also figs, raisins, damsons, almonds and other unconfected fruits under the pain of 1,000 merks on every occasion, excepting likewise the use of the aforesaid forbidden confections to be lawful for the entertainment of his majesty, prince and their trains being within the country, and for ambassadors and strangers of great quality.

18. And it is statuted moreover that no person of whatsoever quality use any feasting at burials or offer of other meats except bread and drink; as likewise no person use any eating or drinking at night vigils or lyke-wakings³⁷ under the pain of 1,000 merks on every occasion.

[1621/6/38]³⁸

ACT XXVI

Regarding the roofing of houses in Edinburgh with slate

Our sovereign lord and estates of this present parliament, considering that sundry persons of mean quality acquire to themselves the heritable right of sundry ruinous lands and wastes within the town of Edinburgh, and for want of means to build the same sufficiently roof the same with straw and planks, whereby the lands next adjacent to the same, built upon the great charges and expenses of the heritors, are often brought in great hazard and sometime to decay in time of sudden fire; therefore, and for further decoration of the said burgh, being the head burgh of this realm, our sovereign lord, with consent of the said estates, statutes and ordains that in all time to come no manner of person or persons shall be suffered or permitted to build any houses within the said burgh of Edinburgh but such as shall be covered with slate or lead tiles or roof stone; and also statute and ordain that the heritors of such houses as are already roofed with thatch and straw (if the same thatch or straw roofs shall hereafter at any time become ruinous) shall be astricted to roof the same again with slate or lead tiles or roof stone; and ordain letters of horning to be directed hereupon against the heritors of the said lands in the appropriate form; and also ordain the provost and bailies of the said burgh to put this act to execution.

[1621/6/39]³⁹

ACT XXVII

Regarding comprising from apparent heirs extended as well to men's own debts as their predecessors

Our sovereign lord and estates of this present parliament ratify, approve and confirm the 106th act of the 7th parliament of King James V of worthy memory, entitled 'The creditor may pursue him who is charged to enter and entered not', in all the heads, articles and clauses thereof, with addition and explanation following: that the same shall be extended to debts owing by any person himself as well as to those which were due by his predecessors, for the which debt it shall be as lawful for a creditor to charge any person to enter heir to his predecessor and with the like certification as if the predecessor had been debtor therein, whereupon comprising may follow in manner specified in the said act.

[1621/6/40]⁴⁰

ACT XXVIII

Regarding taking of annualrent beforehand to be usury

Our sovereign lord and estates of this present parliament, considering that notwithstanding usury and taking of unlawful annualrent more than ten for each hundred has been by sundry acts of before discharged and forbidden, yet it has been usual by an evil and corrupt custom to take or retain the annualrent the time of the borrowing the money, which in effect is eleven of each hundred at least; for avoiding whereof, statute and ordain that no person who lends or gives out money and receives annualrent thereof shall retain the time of the lending, exact, crave or receive from their debtors the annualrent of their lent sums until the term of payment appointed by their bonds be first come; and it shall be lawful at the time of lending of money and making of bonds to add the annualrent to the principal sum, providing always neither principal nor annualrent be exacted or craved before the term of payment appointed to the said bond; and the contraveners of this present statute shall be punished as unlawful usurers.

[1621/6/41]⁴¹

ACT XXIX

Ratification of the act of secret council against bakers, brewers, butchers and candle-makers of Edinburgh

Our sovereign lord, with advice and consent of the estates of this present parliament, by the tenor hereof, ratifies, approves and confirms the act of secret council of the date 17 February 1618 made and set down by his majesty, with consent of the lords of his highness's secret council, against the bakers, brewers, butchers, candle-makers and others therein contained, indwellers within Edinburgh, with the publication and proclamation following upon, in all and sundry heads, points, passages, circumstances and others specified therein, according to the tenor thereof in all points; and wills and declares the same to have been in all time bygone since the making and publication thereof, and to be and stand in all time coming, good, valuable and effectual in the self and to have the due benefit and execution thereof according thereto against all who have transgressed or shall happen to transgress and contravene the tenor of the same, of the which the tenor follows:

At Edinburgh, 17 February 1618. Forasmuch as the king's majesty and lords of his privy council, considering the dangerous and fearful abuse which has been of continuance these many years bygone within the burgh of Edinburgh by the tolerance, connivance and oversight which has been given to bakers, brewers and others to build and keep stacks of heather, broom, grasses and other fuel in the heart of the said burgh and in the passages and closes of the same, where sundry of his majesty's good subjects, inhabitants of the said burgh, have, with great charges and expenses, built many goodly houses and buildings, to the credit of the said burgh and for the policy and decoration of the same. By the which stacks of heather, broom, grasses or other fuel built and kept within the said burgh, not only are the neighbours of the next adjacent parts thereto held in continual fear and dread and are in very great hazard and danger if either by negligence or wilful malice (as God forbid) fire should be set in the said stacks (as fell out by the firing of some stacks in Peebles Wynd in 1584), but a great number of people who are inclined and disposed to bestow some part of their estate upon building within the said burgh are withheld therefrom for fear of the said stacks. And besides this abuse, which is both fearful, dangerous and has produced many inconveniences and great harm from time to time to the said burgh, there is another shameful abuse therein which, although it be not altogether so fearful and dangerous as the other, yet it is injurious to the whole civil and honest neighbours and to all the nobility and country people who come hither for their private concerns, and with that it is detestable in the sight of strangers, corrupts the air and carries many disgraceful and shameful imputations against the said burgh as being a puddle of filth and filthiness, namely, the oversight which is given to candle-makers to keep their shops and houses where they melt their tallow and cracklings within the heart of the said burgh, and to butchers to keep their slaughter shops within the town and to empty the filth of the slaughtered goods upon the high streets and in open passages and closes, whereby it often falls out that in many streets and passages of the said burgh the filth of slaughtered goods is in such abundance, exposed to the view of the people, and the closes and streets are so filled therewith as there can be no passage had through the same. For removing of the which two abuses so dangerous and disgraceful to the said burgh, the king's majesty, with advice of the lords of his secret council, has resolved, concluded, commanded and ordained that from 1 May next there shall be no stacks of heather, broom, grasses nor other fuel kept nor suffered to be in any of the passages, wynds or closes of the said burgh, nor within houses nor upon the streets of the same; and that no butchers shall be suffered by themselves, their servants or others in their names to keep any slaughterhouses within this burgh, nor in any wynd, close or passage of the same, nor to empty the blood and filth of their slaughtered goods upon the streets or in closes or passages, nor that no candle-makers keep their melting houses within the said burgh, but that the said stacks of heather, broom, grasses and other fuel shall be varied, set at some remote parts of the said burgh beside the ports, walls or north loch side where there are no houses, and that the said butchers shall provide themselves of slaughter houses at the north loch side where they may have the use of the water for the taking away of the filth of their slaughtered goods, and that the candle-makers provide themselves of houses for melting of their tallow and cracklings at some remote parts of the town from the common streets, closes and passages of the same. And ordains letters to be directed to make publication hereof by open proclamation at the market cross of Edinburgh, through which none pretend ignorance of the same, and to command, charge and inhibit all and sundry persons, inhabitants within the said burgh, of whatsoever trade or calling they be, that they, nor none of them, nor none by their command and direction, found, build or keep any stacks of heather, broom, grasses or other fuel within any of the closes, passages or waste places of the said burgh, nor within their houses, and that they remove the stacks which they already have and build the same at some remote places about the ports and walls of the said burgh where there are no houses or at the north loch side between now and the said 1 May next under the pain of confiscation of the same heather, broom and grasses so to be stacked against the meaning and intent of this act; and further, under the pain of £500 to be paid by them so often as they shall happen to fail. And also to command all and sundry butchers, inhabitants within the said burgh, that they prepare themselves of slaughter houses at the north loch side where they may have the commodity of water for their use, and that they in no way presume nor take upon hand after the said day to empty the filth or blood of their slaughtered goods upon the streets, nor in the passages, closes and wynds of this burgh. As also to charge all candle-makers that they between now and the day aforesaid provide themselves of houses for melting of their tallow and cracklings at some remote parts of the town from the common streets, closes and passages of the same under the pain of £500 to be incurred by every person, butcher or candle-maker, so often as they shall fail. And also to command and charge the provost and bailies of Edinburgh that they have a special care and regard to see this present act to be precisely and inviolably kept as they will answer to his majesty and the said lords upon the dutiful discharge of their office.

[1621/6/42]⁴²

ACT XXX

Act restraining the buying and selling of certain wild fowls

Our sovereign lord, with advice and consent of the estates of parliament, considering the great abuse and liberty which has been used these diverse years bygone by the subjects of this realm in buying and selling of wild fowls of the particular species following, namely: of young fowl, partridges, red grouse, black grouse, heath-hens, ptarmigans, quails, wood-grouse etc., for restraining of the which abuse in time coming our sovereign lord, with advice and consent aforesaid, statutes and ordains that no person whatsoever within this realm presume nor take upon hand to buy nor sell at any time hereafter any wild fowls of the species aforesaid under the pain of £100 to be incurred by the contravener thereof, buyer or seller; and ordains this present act to have the strength and force of an act of parliament to be inviolably observed in all time hereafter until the same be lawfully discharged or altered.

[1621/6/43]⁴³

ACT XXXI

Regarding hunting and hawking

Our sovereign lord and estates of this present parliament statute and ordain that no man hunt nor hawk at any a time hereafter who has not a plough of land in heritage under the pain of £100; [and] ordain his majesty to have the one half of the penalty of the contraveners of this present act and the informer to have the other half of the said penalty.

[1621/6/44]⁴⁴

ACT XXXII

Regarding the robbing of hawk nests and hunting in snow

Our sovereign lord and estates of this present parliament ratify and approve the act of parliament made by King James III of worthy memory in the seventh parliament regarding the fine of stealing of hawks, hounds, partridges and ducks in all and sundry points, heads, articles and clauses thereof with this addition: that the pain and penalty of £10 therein contained shall be now in all time coming augmented against the contraveners of the said act under the pain of £100 money of this realm; and also ratify and approve all acts of parliament made of before by his majesty's most noble progenitors regarding the slaying and hunting of hares, doe and roes in time of snow, and statute and ordain the pain and penalty against the contraveners thereof to be under the pain of £100 on every occasion as they shall happen to contravene the same; and ordain the one half of the pain to be incurred by the contraveners of this present act to be given to his majesty, and the other half to the informers of the contraveners of the same.

[1621/6/45]⁴⁵

ACT XXXIII

Act salvo jure cujuslibet

Forasmuch as in this present session of parliament there are many ratifications and acts in favour of particular persons passed, wherein diverse and new clauses are inserted which may be prejudicial to particular parties' rights and derogative to many and sundry laws lawfully made and established of before, albeit the meaning of the estates be at this time (as it was ever in all preceding parliaments) that by no act of ratification or act granted to any particular person any other party should be hurt or prejudiced. For remedy whereof, it is statuted and ordained that no ratification nor other act made in favour of any particular person shall be prejudicial to any private parties' right, but that the said ratifications and acts made in favour of particular persons be always understood saving the right of anyone.