[1597/11/55]¹

Ane taxatioun to be grantit to the king, the forme and maner²

The estaittis of parliament presentlie convenit, considdering how expedient it is that his majestie, for sindrie wechtie effairis and of greit consequens tending to the advancement of his hienes honour and estaittis and to the benefite of all the haill liegis of this realme, sall³ diverse and sinderie honorabill imbassadouris to sinderie forane princis; and foirseing the greit and excessive chairgeis that man be maid be his majestie in furnessing and reiking out of the said ambassatouris, and his saidis estaittis being willing to help further and supplie the same and releif his majestie of ane pairt thairof, hes thairfoir frelie and volunterlie offerrit and grantit to his majestie ane taxatioun of tua hundrethe thousand markis to be upliftit and payit be the haill liegis of this realme in forme as followis: that is to say, the soume of ane hundrethe thousand markis be the spirituall estate, the soume of threscoir sax thousand sex hundrethe threscoir sax markis, aucht schillingis, ten penneis be the barrounes and frehalderes, and the soume of threttie thre thousand and thrie hundrethe threttie thrie markis, four schillingis, sex penneis be the barronis⁴ of this realme, and that to be payit betuix and the first day of Aprill nixtocum. And for inbringing of the spirituall personis pairt of the said taxatioun, it is ordanit that lettres be direct chairgeing all and sinderie bischoippis, abboittis, pryouris and uthairis beneficed personis contenit in the taxt roll, thair chalmerlandis, factouris and intromettouris with thair levingis to mak payment of the soumes that thai and everie ane of thame ar taxt to Mark, lord of Newboittill, maister of requeistis, his hienes collectour generall appointtit for receving of the saidis⁵ taxatioun, or his factouris, deputis and officiaris in his name haveand his power to receave the samin, and that betuix and the xv day of Marche nixtocum under the pane of rebellioun and putting of thame to the horne. And gif thai failyie, the said day being bypast, to denunce.⁶ That the prelatis and beneficit men for thair releiff have lettres to chairge thair vassellis, subvassellis, fewaris, takismen, ladies of terceis, conjunctfearis⁷ and pensioneris to mak payment of thair pairtis of the said taxatioun pro rata⁸ nixt eftir thai be chairgeit thairto under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc., and, gif neid beis, to poind and distrenyie thairfoir as thai think maist meit and expedient. Alwayis declaris that the productioun of sufficient horningis aganis the saidis feuaris and vassellis salbe ane releiff to the saidis prelatis and sall exoner thame pro tanto fra the payment of the said taxatioun. And furder, that the saidis prelatis and uthairis beneficit personis may have thair releiff of thair saidis vassellis, fewaris, takismen and pensioneris to thair gretar ease and les trubill to thair saidis vassellis and uthairis foirsaidis, and to the effect [that]⁹ everie man portionablie may pay his pairt of the said taxatioun according to the quantitie and availl of the frie rent that he hes of his landis and frie rent and teindschevis pertening to him, alsweill the prelat him selff as the feuar or takisman, it is thocht expedient, statute and ordanit that the saidis prelattis sall everie ane of thame severallie convene his haill fewaris, vassellis and takismen at sic convenient places as he thinkis meitest, and caus summond thame personallie or at thair duelling places for that effect; and being convenit, the saidis prelattis and benefite¹⁰ personis sall schaw to thair¹¹ vassellis the quantitie of the taxatioun imposid upoun thame, and thai with ane consent sall distribute the samin to be payit be everie man¹² pensioner according to the greit or small quantitie of his frie rent that he has athair of his landis, teindis or pensioun. With certificatioun to onie of the saidis personis, feuaris, wassellis, pensioneris and uthairis foirsaidis that compeiris not at the day appointtit to the effect foirsaid, that sic as sall compeir with the said prelat and beneficit persone sall proceid in the equall distributioun of the said taxt, alsueill amangis thame that ar present as the absentis, quhilk salbe als lauchfull in all respectis as gif the haill number war convenit. And als it is thocht expedient, statute and ordanit that all erectionis of onie prelattis in temporall lordschipeis sall in the payment of this present taxatioun pay to the collectouris of the said taxatioun samekill of this present taxatioun pro rata as gif thai war nawyis erectit and as thai war subject to do ofbefoir the erectioun of the samin, with speciall provisioun alwayis that this salbe na preparative of the lik heireftir, bot that in all tyme cuming thair saidis erectionis sall pay thair¹³ saidis taxationis to be heireftir imposid as uthair temporall levingis within this realme, and this nawyis to prejudge or dirogat in onywyis to thair saidis erectionis. And siclik it is statut and ordanit that all dissolvit benefices within this realme salbe subject in payment of samekill of the said taxatioun pro rata as thai wald have bene subject to gif sua the samin had not bene dissolvit, and thairfoir that lettres be direct chargeing the present possessouris of the saidis dissolvit beneficis, everie ane of thame for thair awin pairtis, to pay portionalie¹⁴ thair pairt of the saidis taxatioun to the quantitie that the samin benefice wald have bene taxt¹⁵ gif the samin benefice had not bene dissolvit as said is, within tuentie dayis nixt eftir thai be chairgeit thairto under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc. And siclik becaus that at this present thair ar sinderie prelaceis vacand undisponit to onie persone or personis quhatsumevir, thairfoir it is statut and ordanit that the said collectour generall sall use the lik forme be him self or sum uthair qualefeit persone in his name with his feuaris, vassellis and takismen of the saidis vaikand benefices that is prescryvit and set doun ofbefoir to be done be the prelatis and uthairis beneficit men in the distributioun of the said taxatioun as said is, and the saidis estaitis authoresis the said collectour generall of this present taxatioun in the verie place of ane providit persone¹⁶ to the saidis vaikand benefices for this effect allanerlie. And for the barrounes and frehalderis pairt of the said taxatioun, that lettres be direct chairgeing all and sinderie schireffis, steuartis, bailleis, thair deputtis and clarkis that thai and ilkane of thame within the boundis of thair offices rais and uplift the sume of 40 schillingis of everie pund land of auld extent lyand within the boundis of thair jurisdictioun and inbring and deliver the same to the said collectour generall betuix and the said xv day of Marche quhilkis terme of payment of the saidis taxatioun under the pane of rebellioun etc. And¹⁷ that lettres be direct etc. chairgeing all and sinderie erles, lordis, barounes and frehalderis to mak payment and deliverance to the saidis schireffis, steuartis, bailleis and thair deputtis and clarkis, ilkane of thame for thair awin pairtis, for the soume particularlie abonewrittin of everie pund land of auld extent pertening to thame as for the said taxatioun within tuentie dayis nixt eftir thai be chairgeit, under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc., to escheit etc. or ellis that the saidis schireffis, steuartis, bailleis and thair deputtis poind and distrenyie thairfoir as thai sall think maist meit and expedient. And that the saidis erles, lordis, barronis and frehalderis have siklik lettres for thair releif aganis thair vassellis, subvassellis, ladeis of terce, conjunctfearis and lyfrentaris.

And becaus thair is diverse and sinderie barronis within this realme dismemberit and the barrounes of the saidis barroneis in tyme bygane hes had na releiff pro tanto of samekill of the said barronie as wes dismembered, aganis all resoun, seing that the schireff, stewart or baillie or thair deputtis without onie regaird chairgeit the present barrones of the barronie for the haill taxatioun of the samin, as gif na pairt thairof was dismemberit, thairfoir it is statut and ordanit that all sic pairtis of onie barronie as ar dismembered thairfra salbe retourit be the schireff of the schyre quhair the samin lyis to the availl and quantitie proportionallie of the haill baronie; and being retourit, the said barroun sall have lettiris of releiff aganis the heritouris of the said dismemberit pairt of the baronie for releiff of him of samekill of the saidis taxatioun as the samyn landis salbe retoured unto be the schireff within xx dayis nixt eftir the charge under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc.

And forder it is statut and ordanit that all the steuartis and bailleis of onie pairt of his hienes propertie sall with all convenient expeditioun caus retour the haill landis of the samyn, everie ane within his awin boundis and jurisdictioun, and that to the samyn availl, quantitie and portioun¹⁸ as onie uthair landis liand nixt adjacent to the same haldin of his majestie¹⁹ set or retourit to, haveing nevirthelese ane speciall regaird to the frie rent that the feuaris and rentellaris hes of the same landis besyid thair few fermes and dewteis payit be thame to oure soverane lord; quhilkis landis being retourit as said is, it is ordanit that lettres be direct be the said collectour of this present taxatioun chairging the saidis steuartis and bailleis to rais and uplift the soume of fourtie schillingis of everie pund land that his said hienes propertie salbe retourit to, everie ane within his awin jurisdictioun, and inbring and deliver the same to the said collectour betuix and the²⁰ xv day of Marche nixtocum under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc. And for thair releiff, that lettres be direct chairgeing all and sinderie fewaris, rentellaris, tennentis and takismen of his hienes propertie to mak payment and deliverance to the saidis feuaris, bailleis and thair deputtis and clarkis, ilk ane of thame for thair awin pairtis, the sume particularlie abonewrittin for everie pund land, that thair saidis landis salbe stentit or retourit to within tuentie dayis nixt eftir the chairge under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc., and gif neid beis, that the saidis steuartis and bailleis poind and distrenyie thairfoir as thai sall think maist mete and expedient. And becaus his majesteis propertie heirof hes nawyis bene in use and consuetude of onie payment of onie pairt of onie taxatioun grantit heirtofoir, nathair did that releiff the rest of the liegis of onie pairt of the samin, his hienes and estaitis foirsaidis thinkis it maist meit and expedient that the said taxatioun to be upliftit fra the saidis fewaris, tennentis and takismen of his hienes propertie salbe nawyis accomptit nor allowit in pairt of the said soume of tua hundrethe thousand markis, bot the samin soume to be upliftit according to the divisioun abonewrittin; and the soumes to be upliftit of the landis of his hienes propertie to be maid compt of be the said collectour over and besyde the soume of tua hundrethe thousand markis grantit as said is, providing alwayes that the samin be nawyis imployit nor bestowit to onie use quhatsumevir except to the samin effect that the uthair greit soume abonewrittin. And for inbringing of the burrowis pairt of the said taxatioun, that lettres be direct chairgeing the proveist and bailleis of ilk brught to mak payment of the taxt and stent thairof to the said collectour generall at the tyme abonespecefeit under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc.; and for thair releif, that lettres be direct chairgeing all and sinderie inhabitantis of ilk brught to convene and elect certane personis to stent thair nichtbouris. And the said electioun being maid, to chairge the personis elect to accept the chairge upoun thame in setting of the saidis stent upoun the inhabitantis of ilk brught, and to convene and set the samyn and mak stent rollis thairupoun as effeiris within tuentie four houris nixt eftir thai be chairgeit thairto under the pane of rebellioun etc.; and gif thai failyie etc., to denunce etc. and escheit etc. And siclik the said stent roll beand maid and set as said is, to chairge the burgess, inhabitantis and nichtbouris of ilk brught to mak payment of thair pairtis of the said stent to the saidis proveist and bailleis conforme to the taxt roll to be maid and gevin up²¹ thairupoun within thre dayis nixt eftir²² chairge under the pane of rebellioun etc.; and gif neid beis, to denunce etc. and escheit etc., and gif neid beis, that the saidis proveist and bailleis poind and distrenyie thairfoir as thai think maist mete and expedient. It is statut alwayis and provydit that na persoun quhatsumevir be stentit or taxt within brught except according to the availl and quantitie of his rent, leving, gudis and geir that he hes within brugh, nawyis respectand his landis and possessionis quhilk he hes to landuart, for the quhilkis he wilbe oblist to pay taxatioun to uthairis officiaris. Attour the saidis estaitis, considdering the manifald abuse that hes bene usit in all tymes bygane be sinderie of the liegis aganis all²³ consciens and²⁴ causing thair pure fermoreris and laboraris of thair grund being removabill, quha was subject in payment of very deir fermis, to releiff thame of the haill burdene of the said taxatioun quhilk has bene the occasioun of the impoverishing of ane greit nomber of the saidis fermoreris and bringing of thame to utter wrak and ruin, quhair as of ressoun the saidis tennentis suld be altogidder frie frome the payment of onie taxatioun and the samin suld be payit be sick as hes frie rent, landis and gudis of thair awin. For remeid quhairof, it is statut and ordanit that na persoun quhatsumevir exact or compell his tennentis and fermoraris removabill quha payis him ferme for the landis occupeit be thame to²⁵ onie pairt of this present taxatioun or to sute releif of the samin at thair handis. And gif the samin beis fund²⁶ be onie persounis, that thai salbe callit and convenit befoir his hienes justice and his deputtis as violent and maisterfull oppressouris of his hienes subjectis and puneish thairfoir according to justice.

And to the effect that be the negligence of collectouris appointit for ingaddering of the said taxatioun in latting tyme overslip, the silver be not in redines in due tyme to the effectuating of the purpois quharefoir the samyn was appointit, thairfoir it is ordanit that the saidis lettiris and chairgeis to be direct aganis the saidis prelattis, beneficit personis, schireffis, steuartis, bailleis and proveistis and bailleis of burrouis to be in reddines aganis the first day of Januar nixtocum, at the quhilk tyme the saidis collectouris sall use all possibill diligence for the dew executioun of the samin.

Attour, it is concludit, determinit and resolvit that na suspencioun of ony lettres or chairgeis to be direct for payment of the said taxatioun salbe grantit athair be the lordis of counsall or²⁷ sessioun or be the lordis of secreit counsall, bot dischairgeis thame simpliciter of onie granting of the samin alwayis as the equitie of the caus requiris. His majestie and estaitis hes gevin and grantit speciall power and commissioun to Alexander, lord Fyvie, president of the college of justice, Walter, pryour of Blantyre, thesaurar, Maister Johnne Lindsay of Balcarhous, secretar, Maister James Elphingstoun, persoun of Egglishame, Maister Johnne Skene, clark of registar, and Maister Thomas Hammiltoun of Drumcarnie, his hienes advocat, geving thame (at the leist onie four of thame, being altogidder convenit) allanerlie pouer and commissioun to grant the saidis suspencionis of the chairgeis direct for the said taxatioun and to decyde the saidis suspencionis according to equitie and justice; dischairgeing all uthairis the lordis of secreit counsall and sessioun of onie melling thairwith and of thair offices in that pairt. And als oure said soverane lord and his estaitis being²⁸ gevin power and commissioun to the saidis personis abonementionat to decyde the haill suspencionis restand undecydit of onie taxationis grantit heirtofoir, and ordanis thame to ministrat justice thairintill according to resoun.

And becaus his majestie hes bene defraud of ane greit pairt of his taxatioun grantit heirtofoir be ressoun that the schireff of ilk schyre quha suld be ingadderaris of the saidis taxatioun and ar men of that power and authoritie within the saidis schirefdomes, that thair ar nane within the samin that athair dar or will in onywyis resist the saidis schireffis in poinding for this present taxatioun, yit nevirtheles sinderie of the saidis schireffis heirtofoir haveing²⁹ na regaird to the deutifull obedience thay aucht to his majestie and to the faithfull discharging of thair offices, hes not³⁰ intyme bygane ane sufficient exoneratioun of thame forsamekill of the said taxatioun as thai producit lettres of horning execut aganis onie persone for the samyn, quhairby the power of the samin lettres he micht haif lauchfullie poindit the reddiest gudis and geir of the saidis rebellis or ellis be productioun of alleged deforcementis done willinglie³¹ to defraud his majestie quhen as in thair awin particular thai wald nawyis suffer the lik, being men of that authoritie and power as said is, that thai ar hable with strang hand to poind and distrenyie the saidis rebellis gudis gif thai plesit. For remeid quhairof in tyme cuming, it is statute and ordanit that the collectouris of the said taxatioun, nathair the auditouris to be appointit heireftir for the hering of the saidis collectouris comptis, in ony wayis receve onie horning or deforcement for ane lauchfull exoneratioun to the saidis schireffis for the said taxatioun pro tanto, bot allanerlie the payment of the soumes quhairwith³² thai ar chairgeit for alwayis, the³³ estaittis remittis to his majesties consideratioun the conditionis of sum schireffis quha ar not of that power and authoritie within thair schirefdomes that ar hable with strang hand to poind sic rebellis gudis and geir as salbe denunceit to the horne for this present taxatioun, of quhome his majestie hes promised as he findis convenient to recave horningis and deforcementis for thair exoneratioun.

And becaus heirtofoir thair hes bene ane grete abuse usit be the schireffis and thair officiaris in uplifting and rasing³⁴ uthairis taxationis heirtofoir be forcing the subjectis to pay in ane maner ane new taxatioun to thame for ingaddering of the same, alleging it to pertene to thame as schireffis, albeit thai be thair offices ar subject in gaddering of the samin and nawyis the saidis subjectis debtebund in payment of onie deutie to thame, thairfoir it is statut and ordanit that na schireff nor officiar quhatsumevir, directlie nor indirectlie, upoun onie kynd of pretext, chairge, uplift or rais fra onie of his hienes subjectis onie deutie quhatsumevir except the soume of fourtie schillingis for everie pundland contenit in the lettre, under the pane of deprivatioun of the said schireff of his office incase it be fundin that the samin was in onie maner of way done of his command or allowance. And gif the falt be committit be the officiar him selff, not onlie to be the deprevatioun of him simpliciter fra the office bot alsua to be ane cryme of falsed and he to be excused³⁵ befoir the justice and his deputtis and punist to the dethe thairfoir with all rigour.

And forder his majestie and estaittis foirsaidis be thir presentis annullis and dischairgeis all priveleges and immuniteis quhatsumevir quhairby onie personis may think thame selffis frie of onie payment of this present taxatioun, exceptand allanerlie the privelegeis of the lordis and memberis of the college of justice, quhairunto his hienes and estaittis will nawyis dirogat in ony thing.

Further his majestie and estaittis, being acquentid with the greit abuse that hes bene in tymes bygane be granting of preceptis to sinderie oportune personis for answering thame of ane pairt of sinderie taxationis grantit heirtofoir, quhairthrow his majestie hes bene very far circumvenit, the same soumes of money imposed upoun the subjectis being uthairwyis bestowit nor to that end quhairfoir thai war destitat.³⁶ For remeid quhairof, his majestie and estaittis foirsaidis ordanis and commandis the said collectour that he onnawyis,³⁷ obey and mak payment of onie pairt of the said taxatioun to onie persone or personis upoun pretext of onie precept or preceptis to be direct or subscryvit be his hienes except the saidis preceptis be subscryvit be the commissioneris underwrittin, quhome his majestie and estaittis hes appointed to be oversearis that this present taxatioun be nawyis imployit bot to the furnesing of the said ambassadouris: thay ar to say, Petir, bischoip of Dunkeld, David, bischope of Aberdene, Johnne, commendatour of Halirudhous, Edward, commendatour of Kinlos, Williame, erle of Angus, George, erle of Marcheall, Johnne, erle of Mar, Alexander, lord Levingstoun, Maister David Carnegy of Colluthie, Schir George Home of Wodderburne, knycht, Johnne Touris of Inverleyth and Alexander Stratoun of Lourestoun, Henry Neisbit, proveist of Edinburgh, Schir Williame Seytoun, proveist of Hadingtoun, Nicoll Cornewell of Bonhard, proveist of Linlythgw, and Walter Cowand, commissioner to this present parliament to³⁸ the brught of Streveling, (or onie aucht of thame, thair being alwayis tua of the spirituall estate, tua nobilmen, tua barronis and tua commissioneris of burrouis), quhilkis personis sall allanerlie direct the saidis preceptis to the said collectour for answering [of]³⁹ onie pairt of the said taxatioun, and that allanerlie to the use abonewrittin for directing of the saidis ambassadouris. And gif onie preceptis upoun onie uthair effect or to onie uthair use be answered then to the use abonewrittin, in that cais alsueill the said collectour as samonie of the commissioneris abonewrittin as sall subscryve the saidis preceptis salbe answerabill to his hienes and estaitis for the soume debursit, and the samin preceptis salbe na dischairge nor allowance to the said collectour in his comptis. And gif at onie tyme appointtit for ingaddering of the said taxatioun occasionis may intervene that it sall not be necessar to direct away onie sik embassadouris, it is alwayis provydit that the said collectour sall retene the said soume in his handis ay and quhill that the saidis ambassadouris be direct, or that be his hienes parliament and estaitis to be convenit heireftir the said soume salbe imployed with all thair consentis to sum uthair gude wark tending to his hienes honour, advancement and weill of this realme. Upoun the quhilk declaratioun, Henrie Neisbit, proveist of the brught of Edinburgh, in name of the haill burrouis, askit instrumentis. Lykwyisit is providit that the said collectour salbe nawyis urgit nor subject to ressave nor answer onie assignatioun nor precept to the use abonewrittin exceding his recept or intromissioun, albeit the samin be ordourlie subscryvit as said is, bot that it sall be ane sufficient excuse to him in refusing the acceptatioun thairof that he hes ressavit na mair nor he hes debursit alredie upoun anterior preceptis.

And furder his majestie and estaitis considdering that diverse and sinderie personis duelland within regaliteis hes without onie regaird of his majesteis lawis past wilfullie to his hienes horne and remanit thairat as rebellis, thinking thame selffis in surtie greit aneuche be ressoun that the lordis of the saidis regaliteis, haveing richt to thair saidis escheittis, commounlie disponis the samin in favouris of the saidis rebellis, quhairthrow his majestie is defraudit of samekill of the said taxatioun as is to be payit be thame. For remeid quhairof, his majestie and estaitis be thir presentis deteirminatis and concludis that in all tyme heireftir quhen onie persone within onie regalitie within this realme be denunceit for non payment of the said taxatioun, that the lordis of the said regalitie sall athair caus the said soume quhairfoir the said rebell is denunceit to be payit to his majesties collectouris of this present taxatioun betuix and the said fyiftene day of Marche nixtocum, or then the said lord of regalitie sall renunce and gif ovre ony richt and titill that he may have or clame to the said rebellis escheit, and that in favouris of his hienes thesaurar, quhom his majestie and estaitis foirsaidis ordanis to intromet thairwith and to mak compt of the samyn befoir the lordis auditouris of his hienes cheker, that be this preparative heireftir his hienes be not defraudit of onie pairt of the said taxatioun be ressoun of the said rebellis volunter passing to the horne as said is.⁴⁰

And last, becaus the officiaris chairgeis for the said taxatioun, uplifteris and recevaris of the samin, hes bene in use of allowing to thame selfis of greit and extraordiner feis for thair service, quhilk was ane greit imparing of the formar taxatioun, thair being ane greit pairt thairof bestowit upoun the chairges in ingetting of the samyn, albeit it mycht have bene ingadderit upoun far les expenses gif sua the collectouris ofbefoir had uset the greatar foirsicht in not suffering the saidis officiaris to continew in thair alleged wounted allowance; thairfoir his majestie and estaitis ordanis the said collectour generall of the said taxatioun to compone, transact and agre with the saidis officiaris, executouris of the saidis chairgeis, upoun als ressonabill conditionis as possibill, haveing na respect altogidder to onie auld consuetudes that the saidis officiaris may crave be onie allowance grantit of befoir.⁴¹