[1609/4/30]¹

²Act in favouris of the lordis of sessioun of ten thowsand poundis to be gevin to them yearlie

Oure soverane lord and estaittis of parliament, haveing for just and necessar respectis concerning the preservatioun of this estait and cheif memberis thairof restored the bischoppis, being now the onlie remanent of the kirk estait haveing voit in parliament, to their livingis, jurisdictioun and place, and finding by experience that they will be altogidder unable worthelie to discharge their dueteis in that honorable rank unles they be provyded of sufficient mantenance, not onlie for bearing of the privat charges of thair famileis bot alsua to sustene the great burding of their weichtie imploymentis at parliamentis, conventionis and other publict affairis concerning his majesteis service and generall weill of the countrey, hes earnestlie delt with the lordis of his majesteis counsaill and sessioun to consent that the quottis of the haill testamentis within this kingdome whilkes did justlie pertene to the said sessioun be lauchfull giftis and dispositionis thairof grantit to thame by his majestie and his predecessouris, and ratifeid in parliament, micht be disponit to the saidis bischoppis, everie ane of thame within thair awin dioceis, and be possessed by them in tyme comming, quhairunto the saidis lordis of sessioun, preferring their affectioun and zeall everie way to grant satisfactioun to his majestie to their awin proffeitt and present suretie, hes maist humblie yeeldit. And his majestie, being alwayes of mynd and intentioun to remunerat his saidis faithfull, trustie and obedient counsaillouris and their successouris for thair willing obedience to his majesteis desyre in dimissioun and renunciatioun of the said quote silver, they being the onlie ordinar supreme judges of this realme for administratioun of justice and intertenement of policie and peace within the same, whilk necessarlie requiris thair daylie and continuall presence and attendence, [preferring]³ the publict good and weall of the realme in the administratioun of justice indifferentlie to his majesteis lieges to their awin privat and domesticall affairis, and in the mentyme ar forced to spend thair awin patrimonie and rent in the said publict weall of the realme; and his majestie, haveing now by his speciall instructionis proponed to the saidis estaitis of parliament the saidis great and faithfull services done to his heighnes and for the commoun weill of the realme of Scotland, in particular by his saidis trustie and familiar counselloures, the saidis senatouris and lordis of his heighnes college of justice, in yeilding and granting to his heighnes speciall desyre to surrander fra them and overgif the said quote silver of the testamentis, being the maist and best pairt of thair patrimonie, to and in favouris of the saidis archibischoppis and bischoppis of this realme for the help and supplie of thair estait as is befoir said; and the saidis estaittis of this present parliament, haveing thairupoun takin full tryell and verificatioun, they have found, tryed, censured and judgeit, lyk as they presentlie find, censure and judges the samin to be and to have bene great, sene, reasonable and proffitable causes for the weill of his majestie and of the said realme of Scotland. As alsua his heighnes and estaittis foirsaidis findis, decernis and declairis that his majestie, with thair advyse and consent, may for the saidis sene, proffitable and ressonable causes whilkis they have tryed and knawin to be for the sene weall of his majesties and realme as said is, gif, assigne or dispone ony pairt of the patrimonie of his majesties annexit propirtie of the crowne to the saidis ordinar lordis and senatouris of the saidis college of justice and thair successouris senatouris of the college of justice in recompence to them of the saidis quottis of testamentis surrandered by them and overgevin at his majesteis desyre and command to and in favouris of the saidis estaittis of bischoppis, and that in sic maner, forme and sure conditionis as his majestie best pleasis for thair securitie; and to that effect that the annexatioun of these pairtis of the said patrimonie of the crown that ar to be assigned and disponit to the saidis lordis and ordinar senatouris of the said college of justice and their successouris senatouris sall be simpliciter dissolvit frome the crowne sa that they may be gevin, assigned and disponed to the saidis ordinar lordis and senatoris of the said college of justice and thair successouris senatouris perpetualie in all tyme cumming, and the saidis estaittis, being ryplie and gravelie advysit what his majestie may gif and dispone to the saidis lordis and senatouris and their successouris with the leist detriment to his heighnes crowne and yeirlie rent, the saidis estaittis all in ane voce have foundin and declared and, by the tennoure heirof, findis and declares that the customes of this his heignes realme of Scotland, annexit to the crowne, may, with the leist detriment to his majestie or hurte to the rent or revenew of the crowne, for the sene causes above expressed, be gevin, assigned and disponed by his majestie to the saidis ordinar lords and senatouris of his heighnes college of justice and their successouris senatouris in maist ample forms; and to that effect, his majestie and estaittis foirsaidis of parliament dissolvis, annullis and infringes the anexatioun of the customes of this realme of Scotland to the crowne frome the said crowne and patrimonie thairof, in safar as the samin may be extendit to the sowme of ten thowsand pundis of the first, reddiest, maist sure and best payment of the saidis customes alanerlie. And now, after the said dissolutioun, his majestie and estaittis foirsaidis of this present parliament hes gevin, granted, assigned and disponed and by the tennoure heirof, for the sene causes foirsaidis, geves, grantis, assignis and disponis to the saidis ordinar lordis and senatouris of his heighnes college of justice and thair successouris, possessing the ordinarie places of the said judicatorie and college of justice perpetualie in all tyme cumming, all and haill the sowme of ten thowsand poundis usuale money of Scotland in recompense to them of the said quote silver of testamentis over gevin by them at his majesteis desyre for the supporte of the said estait of bischoppis, to be uptaken, uplifted and receaved by them and thair collectouris to be appointed by them in their names yearlie at twa termes in the year, Witsonday and Mertymes in winter, be ewin portionis, forth of the reddiest and best payment of his majesteis customes of the said realme of Scotland or ony pairt thairof frome his majesteis comptrolleris, takismen, possessouris and intrometouris with the saidis customes, and otheris addebtit in payment thairof, now present and that salhappin to be for the tyme, to be distributed amongs thame in sic forme as heirtofoir they wer accustomed in devyding of the said quott silver, beginning the first termes payment at the said feist and terme of Mertymes nixtocum in this instant yeir of God j^M vj^C and nyne yeiris, and sa furth yeirlie and termelie thaireftir at the termes foirsaidis perpetualie in all tyme cumming, chargeing theirfoir the said comptroller and takismen, possessouris and intrometouris with the saidis customes of the said realme of Scotland or ony pairt thereof, and otheris addebtit in payment of the samine, now present and that salhappin to be for the tyme, to readelie answer, content, obey and mak thankfull payment of the foirsaid yearlie sowme of ten thowsand poundis yearlie money foirsaid to the saidis ordinar lordis, senatouris of the said college of justice and thair successouris and thar collectouris in thair names, furth of the reddiest and best payment of the saidis customes, and that they be preferrit in payment thairof to all and quhatsoevir other persone or persones pretending richt to the saidis customes or to ony pairt thairof by pensioun, assignatioun, gift or other richt or dispositioun quhatsamevir, beginnand the first termes payment of the samin at the said feast and terme of Mertymes nixtocum, and sua furth yeirlie and termelie thaireftir at the termes foirsaidis perpetualie in all tyme cumming, whilkis sall be thankfullie allowit to the payaris, they takand the saidis lordis, senatouris or collectouris acquittances and discharges to schaw upoun compt for their warrand in the chekker. And als his majestie and estaittis foirsaidis of this present parliament commandis the lordis auditouris of the chekker, present and to come, to allow to the payeris of the said sowme of ten thousand poundis yearlie and termelie in the first end of thair compt upoun the sight of the saidis lordis and senatouris or their saidis collectouris acquittance upoun the payment thairof, thir presents being alwayes schawin and produced in chekker. And als his majestie and estaittis foirsaidis of this present parliament decernis and ordinis his majesteis comptroller present and his successouris comptrolleris for the tyme, as lykwyis the takismen of the saidis customes present and to come and intrometouris thairwith and addebtit in payment theirof, to become actit them selffis and to send sufficient cautioun and sovertie actit in the buikis of counsaill and sessioun for thankfull payment of the foirsaid sowme of ten thowsand poundis to the saidis ordinar lordis and senatouris of the said college of justice and thair successouris yearlie and termelie at the termes foirsaidis in all tyme comming, and at the deceis or dimissioun of the saidis comptroller or takismen that the new intrantis sall become acted to the effect foirsaid of new, and that cautioun be foundin by the said comptroller and takismen at the setting of the saidis takkis to the effect foirsaid, utherwayes the saidis takkis to be null and the nullitie thairof to be decydit be way of exceptioun or actioun at thair plesure; and that letteris and executorialis of horning simplicitir may be direct upoun ane simple charge of ten dayes aganis them be delyrverance of the saidis lordis and senatouris of the college of justice for payment of the foirsaid sowme of ten thowsand pundis yearlie and termelie at the termes foirsaidis. And his majestie and estaittis foirsaidis decernis and ordinis that na suspensioun shall be grantit for suspending of the saidis letters at the instance of quhatsumevir pairtie or persone addebtit in payment of the foirsaid sowme in ony tyme commyng, for quhatsomevir cause or ressone, by the lordis of parliament nor by the lordis of chekker or otheris judges quhatsumevir, except upoun consignatioun of the sowmes wheirwith they ar charged or upoun the productioun of sufficient acquittances of the payment thairof, and that the saidis ordinar lordis and senatouris of the said college of justice ar and shall be onlie judges ordinar for discussing of the saidis suspensionis, dischargeing all utheris judges quhatsomevir of all granting of suspensionis in ony cause concerning the premises and disscussing of the samin be ony maner of way and of thair offices in that pairt for evir. And to the foirsaid dispositioun and assignatioun of the foirsaid sowme of ten thowsand pundis to be payit yearlie and termelie furth of his heighnes customes foirsaidis, first, reddiest and best payment of the samin to the saidis ordinar lordis and senatouris of the said college of justice and thair successouris foirsaidis, perpetuallie in all tyme commyng as is abone expressed, his majestie and estaittis foirsaidis of parliament hes interponed and interponis their consent and authoritie as that deed quhilk shall be now and in all tyme commyng estemit and judged for the weall of oure soverane lord and for the commoun weall and estait of the realme of Scotland. And his majestie, for his heighnes and his successouris, promittis in verbo principis nevir to impugne nor querrell the samyn, nor come in the contrair heirof directlie nor indirectlie in ony tyme commyng.