[A1625/10/55]¹

Letter: privy council to the king

Follows the council's letter to his majesty:

The council's letter to his majesty

Most sacred sovereign,

This convention of your majesty's estates which by your majesty's direction was called to 27 October 1625, being that day very solemnly and with a frequent and famous number of the nobility, clergy and commissioners for the shires and burghs precisely kept and the taxation granted as our former letter to your majesty did signify, upon 1, 2 and 3 November, the estates having proceeded to the consideration of the propositions and articles sent down by your majesty, as well concerning the church as policy, wherein your majesty has so livelily expressed your princely and tender regard and your exceedingly great care towards the well and flourishing estate of this your native and ancient kingdom, they first, to their unspeakable comfort and contentment, did with most submissive and humble thanks acknowledge your majesty's singular care of them, for the which they and all of them were very instant with their prayers to God for your majesty's long and happy reign. And thereafter the particular articles being proposed to them in order, and for their better information and resolution, copies of the same being delivered to every estate and competent time assigned to them to be advised therewith, and at their next meeting every article was reasoned and discussed apart. And first that regarding Jesuits and seminary priests and the children of noblemen and others remaining in seminaries and colleges of popish profession beyond sea, this article was with unanimous consent of the whole estates embraced and allowed and present direction given for printing and publishing of the same. Thereafter there was a proposition made for the furnishing of 2,000 men with shipping for three years and for the which your majesty would discharge the taxation, except so much thereof as would serve for defraying of the charges of your coming to this your kingdom to accept the royal crown thereof, which is more than earnestly longed for by all your subjects, and the necessity and expediency of this article for the defence and safety of the country being urged with all the reasons that could induce the estates to undergo the burden thereof, they expressed their most earnest affection to extend the utmost of their abilities for your majesty's contentment specially in a matter so much concerning their own safety; yet the known poverty of the country by the calamity of some hard years could not in their opinions afford any greater sums than the taxation before consented to, promising therewithal to be ready with their persons to advance your majesty's service in all intervening and necessary occasions touching the defence and safety of the kingdom. And in respect of reports and rumours of foreign preparations and of the combustions now universally throughout Christendom, there is a general muster and wappenschaw appointed and proclaimed to be throughout this whole kingdom both to burgh and land upon 28 December 1625, to the intent the people's provision of arms may be known and some beginning given to train them in military discipline; and after report made of these musters, order shall be taken that the laws made for musters and provision of armour and warlike exercises shall be prosecuted at all times convenient. Likewise it was thought convenient by the estates that your majesty should be entreated to send about two ships for guarding of this firth and securing of the trade. The building of forts and blockhouse is carefully recommended to the burghs and how soon Colonel [Andrew] Gray shall come in this kingdom the overture proposed by your majesty relating thereto shall be followed out.

Regarding the article for the victual and the prices to be set thereupon upon the occasions of importation and exportation, this matter is already in dependence before the council between the barons and burghs and 6 December 1625 is appointed for hearing thereof. Therefore the estates have remitted that matter to the council with the other article regarding the granaries, wherein the council will be careful of that which shall seem most fit and expedient for the well of the country.

The article regarding the provision of shipping is recommended by the estates to the council and burghs, wherein no care nor diligence shall be omitted which may procure your majesty's satisfaction in so just and important a matter.

Regarding the custom of 48s craved to be imposed upon every tun of coal exported in strangers' ships, this point was vehemently opposed and resisted by the owners of the coal pits upon both sides of the Firth of Forth, who, in audience of the convention, affirmed and constantly declared that they were at such extraordinary charges in the maintaining of their water-works that the whole country's sale and dispatch of their coal in a year will not maintain their water-works a month, and that they are not able to uphold their works without an abundant dispatch of their coal by strangers and that there is not shipping in this country to transport a very small part of coal; and if this new custom be imposed it will be a deterrence and hindrance to strangers to come here for coal to which they are allured more by the ease they have in the price than for any necessity they have of our coal; and if the trade fall, without the which the owners are not able to maintain their works and coal pits, the same will perish without any possibility of recovery at any time hereafter, not only to the utter undoing of the owners, but to the extreme hurt and prejudice of the country, which, by this occasion, will be destitute of all the sea coal within the kingdom which cannot be supplied with any other sort of fuel within the kingdom, besides the miserable downfall of many hundred families of poor people whose only maintenance depends upon these works and without the which they will be all turned beggars. The estates having at length heard the said owners upon this point and the truth of their affirmation being known to sundry of them and the matter being put to voting, it was found that without an obvious and evident hurt to the country this new custom could not be imposed upon the coal.

The prosecution of the article concerning the drapery of wool is remitted by the estates to the council.

Regarding the purchasing of places and offices by bribery, the estates statute and ordain that whosoever at any time hereafter shall acquire and purchase any place of judicatory within this kingdom by bribery or other unlawful means, the place and office so purchased shall be forfeited to your majesty and be at your majesty's disposition; and they thought it in no way fit nor expedient that the same should be extended to the past.

Regarding the article bearing that no prelate, nobleman nor other shall repair to the town or place where the council, conventions or parliament shall be kept with greater trains than his ordinary household servants, the estates understand that there are acts of parliament already made relating thereto, which acts they ordain to be put to execution.

Regarding the article whereby the lords of session are ordained to repair to the session house in a seemly manner on horse with their foot cloths, the estates find that many of the lords of session have their dwellings very near to the session house and some of them dwell in narrow closes, where there is not a convenient passage for horse and the calsay so dangerous to be ridden upon. It is therefore not thought convenient that they should be tied to this necessity of riding.

Regarding the compearance in actions before the council, the estates statute and ordain that no person or persons of whatever quality shall present themselves before the council table, either as pursuer or defenders, but by themselves alone, accompanied with one at the most when the council shall allow thereof.

Regarding the article ordaining that no party shall compear hereafter before the lords of session accompanied with any but their advocates and agents, the estates find it not fit that the nobility and barons of good sort should be debarred from hearing of actions pleaded before the session for their better information and enabling of them for your majesty's and the country's service, and therefore they recommend the ordering of this matter to the lords of session.

Regarding the soliciting of the lords of session, this is already provided for by an act of session and therefore the estates recommend to the session the careful execution thereof and that there be no solicitation but by writing.

Regarding the article touching the merchant estate, how they may be enforced to keep their trade and not to turn usurers when they have acquired some wealth, the estates remit the same to the consideration of the parliament.

Regarding the transporting of money, the estates understand that there are many good acts already made relating thereto, which they ordain to be put to execution and recommend the prosecution thereof to the council; and ordain the master of his majesty's mint that he take no other satisfaction for the bullion but the bullion itself in foreign money.

Regarding the article touching the importing of unnecessary wares whereof the country stands not in need, the estates ordain the acts of parliament already made concerning this to be put to execution and the acts of council regarding the prices of foreign beer to be likewise put in execution.

And touching the article towards the raising of the prices of the coin, the estates find this to be a matter which requires good advice and deliberation and which cannot be summarily digested at this meeting as the importance of the cause requires. Therefore the estates nominate the earls [John Leslie, earl of] Rothes, [John Lyon, earl of] Kinghorn and [John Maitland, earl of] Lauderdale, [James Ross], lord Ross, [John Hay, lord] Yester, [John Campbell, lord] Loudoun, [John Elphinstone, lord] Balmerino and [David Carnegie, lord] Carnegie, or any four of them, for the nobility; the bishops [Andrew Lamb, bishop of] Galloway, [David Lindsay, bishop of] Brechin and [John Abernethy, bishop of] Caithness, or any two of them, for the clergy; the lairds [Sir Archibald Stirling of] Keir, [Sir John Stewart of] Traquair, [Sir William Grierson of] Lag, [Sir John Charteris of] Amisfield, [Sir James Learmonth of] Balcomie, [Sir Alexander Nisbet of] West Nisbet, Sir James Dundas [of Arniston] and Sir John Hamilton of Lettrick, or any four of them, for the small barons; and the commissioners to be appointed by the burghs of Edinburgh, Dundee, Aberdeen and Glasgow, to convene and meet with your majesty's council upon the last council day in February, to confer and treat upon the good and expediency of this article to the intent a report may be made of their opinions to your majesty.

The article regarding the poor was remitted by the estates to the council, who will have a care to see that matter receive execution accordingly.

After that all these articles were proposed, heard, discussed and answered by the estates in manner foresaid, there were some petitions given in by the small barons and burghs wherein they craved that the estates would join with them in their humble petition to your majesty for obtaining your allowance thereof.

And first it was proposed by the small barons that they were informed that your majesty intended to make some altertion in the session, which was a sovereign and high court whereof the foundation was with great wisdom and judgement built by your majesty's great-grandfather of happy memory, with the consent of the estates of parliament, and that the authority of this court has been since illustrated with many privileges flowing from succeeding princes and specially from your majesty's dearest father of blessed memory; and their desire was that the estates would join with them in their humble petition to your majesty, that your majesty would be pleased not to make any alteration thereof without the advice of the estates of this kingdom. Their petition being heard and some objections made against the same that as your majesty was a just and upright prince who sought nothing but the good and well of your people, so there was no subject that with reason could suspect or mistrust the sincerity of your majesty's proceedings, either in that or any other thing else, yet they continued very instant to have the votes of the estates thereupon; which being granted and their votes taken, they all agreed to join with the barons in their petition that your majesty should be humbly entreated that if you intended any alteration in the session from that which was established in parliament that your majesty would be graciously pleased to follow out the same by the advice of the estates of this kingdom in parliament.

They had another petition and grievance founded upon the prejudice allegedly sustained by them by this new erected order of baronets and the precedency granted to them before all the small barons and freeholders of this kingdom, wherein they pretended great prejudice in their privileges and dignities possessed by them and their predecessors in all preceding ages, and therefore their desire was that the estates would join with them in their humble petition that your majesty might be entreated to suspend the precedency granted to these baronets until the time that the plantation for the which this dignity is conferred be first performed by the undertakers. Whereupon Sir William Alexander, chief undertaker in this plantation, being heard and he having objected to them your majesty's royal prerogative in conferring of honours and titles of dignity in matters of this kind, importing so far the honour and credit of the country, and that your majesty's prerogative would not admit any sort of opposition and that this suspension of the undertakers' precedency would frustrate the whole plantation, after that the small barons had most humbly protested that the least derogation to your royal prerogative should never enter in their hearts and that their petition was in no sort contrary to the same, but that they acknowledged the conferring of honours did properly belong to your majesty as a point of your royal prerogative, and they undertook that if it were found convenient by your majesty and the estates that this plantation should be made, that they upon their own charges would undertake the same without any retribution of honours to be given thereof. The estates having at length heard both parties, it was found by plurality of votes that the estates should join with them in their petition foresaid to your majesty.

They had some other petitions especially concerning mets and measures and the oppression used in buying of victual by exacting of one peck to the boll. The estates ordain the acts of parliament and secret council already made concerning this to be put to execution against the contraveners.

It was likewise desired by them that they might have a discharge of penal statutes with the reservations and exceptions contained in the act of parliament kept in August 1621, wherein the estates have become humble supplicants to your majesty, [John Erskine, earl of Mar], treasurer, protesting that the concealers of money and [James Stewart], earl of Moray protesting that the resetters of the Clanchattan and the comforters of them in their rebellion might be likewise excepted.

Regarding rebels contemptuously lying at the horn, it is ordained that the sheriffs and other officers to whose charge it appertains shall be commanded to take the rebels and their houses, and to put and hold the rebels out of their houses during their rebellion and to make inventory of their goods. And if opposition and violent resistance shall be made by the rebels, that they shall be thereupon called to their answer before the council. And if upon a lawful probation they shall cry guilty, they shall be exemplarily punished if they compear. And if they be absent and so take the crime upon them, they shall be declared rebels and fugitives, and commission shall be given against them as in cases criminal to the sheriffs and other officers for pursuit of them with fire and sword, and proclamations shall be directed commanding the country to assist the magistrates.

And whereas the estates could not conveniently attend to make their report to your majesty of this their proceedings at this convention, which in effect was all that was done therein, they committed the charge and trust of this report to such of your council as should be present, which at their direction we have hereby faithfully done and so etc. Edinburgh, 8 November 1625. It is thus subscribed: [Sir] George Hay [of Kinfauns], [John Erskine, earl of] Mar, [William Douglas, earl of] Morton, [George Seton, earl of] Winton, [Alexander Livingstone, earl of] Linlithgow, [Robert Ker, earl of] Roxburghe, [Thomas Hamilton, earl of] Melrose, [Adam Bellenden], bishop of Dunblane, [Sir] Archibald Napier [of Merchiston].