[1599/7/17]¹

Legislation

Act anent armour

Forsamekle as the speciall lattis and impedimentis hindering the dew effect and executioun of the actis and proclamationes maid heirtofoir anent the armoure in the persone of noblemen, barronis and uthairis duelland, alsweill to burgh as to land, hes procedit frome a sinister opinioun and counsall apprehendit be the merchandis that the said armour, efter the hamebringing, wald not be tane of thair handis, sua that very litle or nane hes bene brocht hame. Thairfoir comperit personallie, in presence of his majestie, his nobilitie, counsall and estaittis, Schir Michaell Balfour of Burley, knicht, and promeist, band and oblist him that betuix and the first day of August nixtocum, he sall bring and caus be brocht hame within this realme samekle armour of all sortis as will serve and be sufficient to arme ten thousand men on horse and fute, viz: for ij^M horsmen and viij^M futemen weill and sufficientlie according to the tennour of the saidis actis and proclamationes; and for the forder assurance of hamebringing of the said armour, he likwise promeist to caus the lord of Spynie, the abbot of Lundoris, the lairdis of Dersy, Montquhany, Kinfawnis and Arnot act and oblist thame with him² self conjunctlie and severallie in the buikis of secreit counsall, under the pane of ane thousand crownis, that the said armour salbe brocht hame betuix and the day abonewrittin; and this cautioun to be fundin within thrie or four dayes efter the dait heirof. Quhilk armour being brocht hame, he sall keip the same unsauld or disponit in ony part ay and quhill ane price salbe sett down thairupoun be fyve of his majesties counsall and thrie burgeses to be nominat and appointit to that effect. In setting of the quhilk price, thay salhave a respect to the first bying quhilk salbe verefeit be ane laufull and famous certificat from the magistratis of the burrowes and pairtis quhair the said armour salbe bochtt and the said price being sett doun. Thay sall gif him thair attestatioun thairupoun, to be schawin and producit to his majesties subjectis, byaris of the said armour, for thair better satisfactioun anent the price of the same, quha salbe nawise subject nor astrictit to by the said armor quhill the said attestatioun be gottin and producit upoun the price of the same. Inrespect of the quhilk promeis and band maid and gevin be the said Schir Michaell, the kingis majestie and his estaittis faithfullie promeises to hald hand to the said Schir Michaell to sie the said armour tane af his hand and to be bocht be all his majesties subjectis, alsweill to burgh as land, (the inhabitants of Edinburgh, Dundie and Sanctandrois onlie exceptit) within thrie monethis efter the hamebringing thairof according to the tennour of the saidis actis; and for this effect sall sie the saidis actis ressave the dew and full execution in all poyntis and sall uthairwise assist the said Schir Michaell with lettres of horning and all uthair execution neidfull and expedient aganis the contravenaris of the saidis actis and refusaris to by the said armour. Lyk as his majestie and estaittis gevis, grantis and disponis be the tennour of this present act to the said Schir Michaell the ane half of the escheit guidis and geir, togidder with the ane half of the penaltie to be incurrit be the persones, refusaris to by the said armour, and quha salbe denuncit to the horne for that caus; and the uthair half of the saidis escheittis and penalties to be intromettitwith be his hienes thesaurare to his majesties use. And to the effect the said Schir Michaell may be the better assurit to haif the said armour tane of his hand and that na uthairis to his prejudice salbe sufferrit to sell ony armour, his majestie and estaittis gevis and grantis to the said Schir Michaell and his compartinaris the onlie libertie and privilege of selling of armour within this realme during the space of thrie yeiris nixt efter the dait heirof, and dischargeing all uthairis his majesteis lieges of selling of armour within ony part of this realme during the tyme of his privilege under the pane of confiscatioun and escheiting of the haill armour quhilk thay sall bring hame to be sauld; but prejudice alwise to ony nobleman to provyde armour for his awin persone allanerlie sua the same be nocht bocht fra merchandis within the realme. And gif it salhappin the haill noumer of the armour foirsaid to be brocht hame and sauld afoir the expiring of the said space of thrie yeiris, then and in that caise this present privilege to expire and haif na forder effect thairefter. And gif in the hamebringing of the said armour or ony pert thairof it salhappin the said Schir Michaell or his compartineris to be schipbrokin or pilleit be thevis and pirotis, in that cais his majestie and estaittis declairis that he salbe fred, exonerit and relevit of his band and promeis and cautioun to be fundin conforme thairto for samekle of the said armour as salbe pilleit or lost by sey.