Prelates, peers, and present in par ACTS RELATING TO ELECTIONS FOR SCOTLAND. The Scots Stat. of James 1. 3d Parliament (1425) c. 52. *That all Prelates, Barrones, and Freehalders sall compeir personallie in the Parliament. ITEM, it is ordained and statute, that all prefreeholders to lates, erles, barrones, and freehalders of the king personally within the realme, sen they are holden to give liament; not presence in the kingis parliament, and general procurator councel, fra thinefoorth be holden to compeir in proper person, and not be a procurator. But gif the procurator alleage there and prove a lauchfull cause of their absence. without lawful cause of ab sence. Small barons, &c. need not come to par missioners of shires to be The Scots Stat. of James 2. 7th Parliament (1427) c. 101. That small Barronnes and Frechalders needis not to come to Parliamentes. ITEM, the king, with consent of the haill councel generallie hes statute and ordained, Hament. Com that the small barronnes and free-tennentes neid not to cum to parliaments nor general councels, swa that of ilk schirefdome, their be send chozen at the head court of the schirefdome, twa or maa wise men after the largeness of the schirefdome, out-tane the schirefdomes of Clakmannan and Kinrosse, of the quhilkis ané chosen, two or One for each of Clackman more for each. rogs. * In the Scots acts there is a great variety in the spelling, ́ they are inserted here according to the statute book. Parliament c. 101. Scots Act. be sende of ilk ane of them the quhilk sall be James 1.7th called commissares of the schire, and be their commissares of all the schires sall be chosen ane wise man and expert, called the commoun speaker of the parliament, the quhilk sall propone all and sindrie needis and causes, perteining to the commounes in the parliament or general councel; the quhilkis commissares sall have full and haill power of all the laif of the schirefdome under the witnessing of the schireffis seale, with the seales of diverse barronnes of the schire, to heare, treate, and finallie to determine al causes to be proponed in councel or parliament; the quhilkis, commissares, and speakers shall have costage of them of ilk schire that awe compeirance in parliament or councel and of their rents, ilk pound sall be utheris fallow to the contribution of the said costes. All bishoppes, abbottes, priors, dukes, erles, lordes of parliament, and ban-rentes, the quhilkis the king will be received and summound to councel and parliament be his special precept. The Scots Stat. of James 2. 14th Parliament (1457) c. 75. That na Freehalder be constreinzied to the Parliament, bot he be of Twenty Pounds woorth of Land. be constrained parliament, ITEM, the lordes thinkis speedeful, that na free- No frecholder halder that holdis of the king, under the summe under 20 to of twentie pounds, be constreinzied to cum to come to to the parliament or general councel as for pre- unless a baron, sence, bot gif he be ane barronne, or else be or specially specially, of the kingis commandement, warned, warned. outher be officiar or be writ. No baron, freeholder, &c. dred marks of new extent, compelled to come to par liament personally, &c. The Scots Stat. of James 4. 6th Parliament (1503) c. 78. That all Freehalders within ane Hundredth Markes of Extent, send their Procuratoures to the Parliament. ITEM, it is statute and ordained, that fra within an hun- thine foorth na barronne, freehalder, nor vassal quhilk ar within ane hundredth markes of this extent, that now is, be compelled to cum personally to the parliamente, bot gif it be that our soveraine lorde write specially for them. And sa not to be unlawed, for their presence and they send their procuratours to answere for them, with the barronnes of the schire, or the maist All above such famous persons. And all that ar abone the extent of ane hundreth markes to cum to the liament under the paine of the auld unlaw. extent to at tend. Preamble. 1585, recited par The Scots Stat. of James 6. 11th Parliament The Commissioners of small Barronnes, and OUR Soveraine lorde, considering the acte of Act of James 6. his hienesse parliament, holden at Linlithcow, the tenth day of December, the zeir of God ane thousand five hundreth fourscore five zeires makand mention how necessar it is to his hienesse, and his estaites, to bee trewly informed of the needes and causes pertaining to his loving subjectes in all estaites, specially the commounes of the realme; and remembring of ane gude and lovable acte made by his hienesse * The act here alluded to is an unprinted act of James 6. (A. D. 1585). It is not inserted because the above more fully enacting to the same effect has virtually superseded it. The act is to be found in Mr. Wight's book 1. 418. appendix. James 6. 11th Parl. c. 114. Scots act. choosing com progenitour, king James the first, of worthy memory, in the parliament halden at Perth, the first day of March, the zeir of God ane thousand four hundreth twenty-seven zeirs, anent the commissioners of small baronnes in parliament; that his majesty and his said estaites would ratifie and appreeve the same to have full effect, and to be put to execution in time cumming; and of new statute and ordaine, for the mair full explanation of the same act and certaine execution thereof, that precepts suld be directed foorth of the chancellary to Precepts to be ane barron of ilk schire first, to conveene the directed for freehalders within the same schire for chusing missioners. of the commissioners, as is contained in the same acte; quhilkis commissioners being anis chosen and send to parliament, the precepts of parliament for conveening of freehalders to the effect foresaid, to be directed to the last commissioners of ilk schire, quhilkis sall cause cheise twa wise men being the kingis freehalders, resident indwellers of the schire, of gude rent and weill esteemed, as commissioners Commissioners to be resident, of the same schire, to have power and to be &c. authorised as the act proports under the commissioners seale in place of the schireffes; and that all freehalders of the king, under the degree of prelates and lords of parliament be warned be proclamation to be present at the choosing of the said commissioners, and nane Qualifications to have voit in their election, bot sik as hes of electors of fourtie shilling land in free tennendry halden (see post, Scots of the king, and hes their actuall dwelling and part. 1. c. 35. residence within the same schire; quhilk matter page ci) and being remitted be the said estaites conveened also of part. 3. in the said parliament at Linlithcow, to the will and good consideration of our said soveraine lord, to doe and ordaine therein as his hienesse commissioners, c. 21. page ciii. Jamck 6. 11th Parl. c. 114. I. ratified. pre sould think maist expedient and requisite betuixt and his nixt parliament; and now his Scots act. majesty intending, God willing, to take ordour for the final setting and establishing of that gude form and ordour maist meete and expedient to stand in perpetuity in this behalfe according to the effect of the said act of parliament maid at Linlithcow; in consideration of the great decay of ecclesiastical estaite, and uthers maist necessar and weighty considerations moving his hienesse, therefore his majesty now after his lawful and perfite age of twenty-ané zeirs compleit, sittand in plane parliament, declares and discernis the said act maid be king Act of James James the first, to take full effect and execution and ratifies and appreivis the sane be thir sents; and for the better execution thereof, Commissioners ordainis the commissioners of all the schireffeof shires, how to be elected; doms of this realme according to the number perscrived in the said act of parliament to be elected be the freehalders foresaids, at the first head court after Michaelmes zeirly, or fail zeing thereof, at ony uther time quhen the saids freehalders please conveene to that effect, or that his majesty sall require them thereto, quhilks conventions his majesty declaris and decernis to be lauchfull; and the saids commissioners being chosen as said is for ilk schireffdom, their names to be notified zeirly in writte to the director of the chancellary be the commissioners of the zeir preceding; and thereafter quhen ony parliament or general convention is to be halden that the said commissioners be warned at the first be vertew of precepts furth of the chancellary, or be his hienesse missive letters or charges; and in all times thereafter be precepts of the chancellary as sall be directed to the uther estaites; and that all freehalders be taxt their names, how notified, 5. and 6 Ann. c. . §8.) how warned to parliament, (see post cviii. Ann. c. 8.) |