I. THE STATUTES AT LARGE, RELATING TO THE ELECTION OF PEERS AND COMMONERS FOR SCOTLAND. JAMES I. PARLIAMENT III. 1425, CAP. 52. That all Prelates, Baronnes, and Freehalders, sall compeir personallie in the Parliament. ITEM, it is ordained and statute, that all prelates, erles, baronnes, and freehalders of the king, within the realme, sen they are halden to give presence in the Kingis Parliament, and general councel, fra thine foorth, be halden to compeir in proper person, and not be a procuratour; but gif the procuratour alleage there, and prove, a lauchfull cause of their absence. JAMES I. PARL. VII. 1427, CAP. 101. That Small Baronnes and Freehalders needis not to come to Parliamentes. ITEM, the King, with consent of the haill councel, generallie hes statute and ordained, that the small baronnes and free tennentes neid not to cum to Parliaments nor general councels ; swa that of ilk schirefdome there be send, chosen at the head court of the schirefdome, twa or maa wise men, after the largenes of the schirefdome; outtane the schirefdomes of Clackmannan and Kinrosse, of the quhilkis ane be sende of ilk ane of them, the quhilk sall be called Commissares of the schire; and be their commissares of all the schires sall be chosen an 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 baronnes of the schire, to heare, treate, and finallie to determine all causes to be proponed in councel or Parliament: The quhilkis commissares and speakers sall 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. JAMES II. PARL. XIV. 1457, CAP. 75. That na Freehalder be constreinzied to the Parliament, bot he be of Twenty Pounds woorth of Land. ITEM, the lordes thinkis speedeful, that na freehalder that haldis of the king, under the summe of twentie pounds, be constreinzied to cum to the Parliament, or general councel, as for presence, bot gif he be ane baronne, or els be specially, of the kingis commandement, warned, outher be officiar or be writ. JAMES IV. PARL. VI. 1503, Cap. 78. That all Freehalders, within ane Hundreth Markes of Extent, send their Procuratoures to the Parliament. ITEM, it is statute and ordained, that fra thinefoorth, na baronne, freehalder, nor vassal, quhilk ar within ane hundreth 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 baronnes of the schire, or the maist famous persons: And all that ar abone the extent of ane hundreth markes to cum to the Parliament, under the paine of the auld unlaw. JAMES VI. PARL. XI. 1587, CAP. 114. The Commissioners of small Baronnes and Freehalders hes Vote in Parliament. OUR Soveraine Lorde, considering the acte of his hienesse Parliament, halden 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 heinesse, 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 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 ane barron of ilk schire first, to conveene the freehalders within the same schire, for choosing 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 of the same schire, to have power and to be authorized, 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 saids commissioners, and nane to have voit in their election bot sik as hes fourtie shilling land in free-tennendry halden of the king, and hes their actual dwelling and residence within the same schire; quhilk matter being remitted be the said estaites, conveened in the said Parliament at Linlithcow, to the will and good consideration of our said soveraine lord, to do and ordaine therein as his hienesse sould think maist expedient and requisite betuixt and his nixt Parliament: And now his majesty intending, God willing, to take ordour for the finall settling and establishing of that gude forme 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 the ecclesiastical estait, and uthers maist necessar and weighty considerations moving his hienesse: Therefore his majesty, now after his lawfull and perfite age of xxi. zeirs compleit, sittand in plane Parliament, declaris and decernis the said act, maid be King James the First, to take full effect and execution, and ratifies and apprievis the same be thir presents: And for the better execution thereof, ordainis the commissioners of all the schireffdoms of this realme, according to the number prescrived in the said act of parliament, to be elected be the freehalders foresaids, at the first head court after Michael-mes zeirly, or failzeing thereof, at ony uther time quhen the saids freehalders please conveene to that effect, or that his majesty sall re quire them thereto; quhilks conventions his majesty declaris and decernis to be lauchfull: And the saids commissioners being chosen, as said is, for ilk schireffdome, their names to be notified zeirly in write to the director of the chancellary be the commissioners of the zeir preceeding; and thereafter, quhen ony Parliament, or generall 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 for the expenses of the commissioners of the schires passing to Parliament or generall councelles, and letters of poynding or horning to be direct for payment of the summes taxt to that effect, upon ane simple charge of sex dayes warning allanerly; and that the said commissioners authorized with sufficient commissiones of the schireffdomes fra quhilk they cum, sealed and subscrived with sex at the least of the baronnes and freehalders thereof, sall be equal in number with the commissioners of burrowes on the articles, and have vote in Parliament and generall councelles in time cumming, and that his majesties missives before generall councelles sall be directed to the saids commissioners, or certaine of the maist ewest of them, as to the commissioners of burrowes in time cumming; and that the Lords of Councell and Session sall zeirly direct letters, at the instance of the saids commissioners, for conveening of freehalders to choose the commissioners for the nixt zeir, and making of taxation, to the effect abonewritten; and that the compeirance of the saids commissioners of the schires in Parliaments or generall councelles sall relieve the haill remanent small baronnes and freehalders of the schires of their suites and presence aucht in the saids Parliaments, providing alwayes that the small baronnes observe there promises and conditions maid to his majesty. Upon the quhilk declaration and ordinance, maid and pronunced be our soveraine lord sittand in plaine Parliament, as said is, John Murray of Tullibardin asked actes and instruments, and David Earle of Crawfurd, Lord Lindsay, for himselfe, and in name and behalfe of uthers of the nobility, protesting in the contrair. JAMES VI. Parl. XV. 1597, Cap. 276. Baronnes suld send to the Parliament Commissioners with sufficient Commissiones. OUR Soveraine Lord and estates of Parliament statutis and ordainis, That na barronnes be received as commissioners for ony schi reffedome within this realme, at ony Parliament to be halden hereafter, except the saids barronnes bring and produce with them suffi cient commissions, granted to them in an full convention of the haill barronnes of the said schireffedome; quhilk commission sall be authorized with the subscription of ane great number of the barrons then present, togidder with the clerk of the said convention his subscription; and gif the said commission be not past in dew forme, in manner foresaid, his hieness and estaites discharges the clerk of register, in all time hereafter, of ony receiving of their saids commis siones. CHARLES II. PARL. I. 1661, Cap. 35. Act concerning the Election and Charges of the Commissioners from Shires to the Parliament. THE King's Majesty considering, that diverse debates have formerly occurred, concerning the persons who ought and should have vote in the election of commissioners from the several shires of this kingdom to Parliament, and who are capable to be commissioners to Parliaments, and that it is necessar for the good of his service, that the same be cleared for the future, doth therefore, with advice and consent of his estates of Parliament, statute, enact, and declare, That, beside all heritors who hold a fourty shillings land of the king's majesty in capite, that also all heritors, liferenters, and wodsetters holding of the king, and others who held their lands formerly of the bishops or abbots, and now hold of the king, and whose yearly rent doth amount to ten chalders of victual, or one thousand pounds, (all feu-duties being deducted) shall be, and are capable to vote in the election of commissioners of Parliaments, and to be elect. ed commissioners to Parliaments, excepting alwayes from this act all noblemen and their vassals. And it being just, that those who shall be chosen, and accordingly shall attend his majestie's and the kingdom's service in Parliaments, have allowance for their charges, his majestie doth therefore, with advice foresaid, modifie and appoint five pounds Scots, of daily allowance, to every commissioner from any shire, including the first and last dayes of the Parliament, together with eight days for their coming, and as much for their return, from the furthest shires of Caithness and Sutherland, and proportionably at nearer distances; and that the whole freeholders, heritors, and liferenters holding of the king and prince shall, according to the proportion of their lands and rents lying within the shire, be lyable and oblidged in the payment of the said allowance, excepting noblemen and their vassals. For payment of which, all execution of horning, poynding, and quartering, is to pass as for raising of the excise, and that according as the time and dayes of the Parliament shall be attested under the clerk of register's hand. And because, at this time, some commissioners of shires have been put to extra |