The kingis majesties declaratioun concerning the voittis of small baronis in parliament, and instrumentis takin be the Erle of Craufurde and the Laird of Tullybardin

2Oure soverane lord, considering the act of his hienes parliament haldin at Linlythgow, the tent day of December, the yeir of God jM vC fourescoir fyve yeiris, makand mentioun how necessar it is to his hienes and his estaittis to be trewly informit of the nedis and causis pertening to his loving subjectis in all estaittis, speciallie the commonis of the realme, and remembering of ane gude and lovable act maid be his hienes progenitour, King James the First of worthie memorie, being the hundreth and twelft act maid in his reign, that his majestie and his saidis estaittis wald ratefie and approve the same to have full effect and to be put to executioun in tyme cuming, and of new statute and ordane for the mair full explanatioun of the same act and certane executioun thairof that preceptis suld be direct furth of the chancellarie to ane barroun of ilk schire, first, to convene the frehalders within the same schire for chesing of the commissioners, as is contenit in the said act, quhilke commissioners being anys chosin and send to parliament, the preceptis of parliament for convening of frehalders to the effect foirsaid to be directit to the last commissioners of ilk schire, quhilkis sall caus cheis twa wyse men, being the kingis frehalders, resident induellaris of the schire, of gude rent and weill estemit, as commissioners of the same schire, to have pouer and be authorisit as the act proportis under the commissioners seill in place of the schireffis, and that all frehalders of the king under the degre of prelattis and lordis of parliament be warnit be proclamatioun to be present at the chesing of the saidis commissioners, and nane to have voit in thair electioun bot sic as hes fourty schilling land in fre tenandrie, haldin of the king, and hes thair actuall duelling and residence within the same schire. Quhilk mater being remittit be the saidis estaittis convenit in the said parliament haldin at Linlythgow to the will and gude consideratioun of oure said soverane lord, to do and ordane thairin as his hienes sold think maist requisite and expedient betuix and his nixt parliament, and now his majestie, intending, Godwilling, to tak ordoure for the finall setling and establesching of that gude forme and ordoure maist meit and expedient to stand in perpetuitie in this behalff, according to the effect of the said act of parliament maid at Linlythgow, in consideratioun of the great decay of the eccliasticall estate and utheris maist necessar and wechty considerationes moving his hienes, thairfore his majestie, now efter his lauchfull and perfeit aige of xxj yeiris compleit, sittand in plane parliament, declaris and decernis the said act maid be King James the First to tak full effect and executioun, and ratefeis and apprevis the same be thir presentis; and for the bettir executioun thairof, ordanis the commissioners of all the schirefdomes of this realme, according to the nowmer prescrivit in the said act of parliament, to be electit be the frehalders foirsaidis at the first heidcourt efter Michaelmes yeirlie, or failyeing thairof, at ony uther tyme quhen the saidis frehalders plesis convene to that effect or that his majestie sall require thame thairto, quhilkis conventionis his majestie declaris and decernis to be lauchfull; and the saidis commissioners being chosin as said is for ilk schirefdome, thair names to be notefeit yeirlie in write to the directoure of the chancellarie be the commissioners of the yeir preceding, and thairefter, quhen ony parliament or generall conventioun is to be haldin, that the saidis commissioners be warnit at the first be virtew of preceptis furth of the chancellarie, or be his hienes missive lettrez or chargeis, and in all tymes thairefter be preceptis of the chancellarie as salbe direct to the utheris estaittis; and that all frehalders be taxt for the expensis of the commissioners of the schires passing to parliamentis or generall counsellis, and lettrez of poinding or horning to be direct for payment of the sowmes taxt to that effect upoun ane simple charge of sex dayes warning allanerlie; and that the saidis commissioners, authorizit with sufficient commissionis of the schirefdome fra quhilk thay cum, seillit and subscrivit with sex at the leist of the baronis and frehalders thairof, salbe equall in nowmer with the commissioners of burrowis on the articles and have voit in parliamentis and generall counsellis in tyme cuming; and that his majesties missives befoir generall counsellis salbe directit to the saidis commissioners or certane of the maist ewest thame as to the commissioners of burrowis in tyme cuming; and that the lordis of counsell and sessioun sall yeirlie direct lettrez at the instance of the saidis commissioners for convening of the frehalders to cheis the commissioners for the nixt yeir and making of taxationis to the effect abonewrittin; and that the comperance of the saidis commissioners of the schires in parliamentis or generall counsellis sall releif the haill remanent small baronis and frehalders of the schires of thair sutes and presence aucht in the saidis parliamentis, providing alwayes that the saidis small baronis observe thair promise and conditioun maid to his majestie. Upoun the quhilk declaratioun and ordinance maid and pronuncit be oure soverane lord, sittand in plane parliament as said is, Johnne Murray of Tullybardin askit actis and instrumentis; and David, erll of Craufurd, lord Lyndesay, for him selff and in name and behalff of utheris of the nobilitie, protestit in the contrair.

  1. NAS, PA2/13, ff.145r-v.
  2. 'V' written in margin.