Octava dies parliamenti
[1640/6/13]*[print] [email] [cite] [preceding] [following]
The estatis of parliament, presentlie conveind by his majesties speciall authoritie, considering that the right of patronage and power of presenting of ministeris to diverse kirkis within this realme have beene acclaimed and possessed by the somtyme pretendit beshopis and archbeshopis within this kingdome, by vertue of the second act of parliament 1606 anent the restitutione of the esteat of bishopis or by some other reight or pretence of right, to the verie great greiffe and prejudice of this kirke, hir just libertie and possessione since the reformatione by superintendentis and the commissioneris of the kirke befor the erectione of presbiteries, and since by presbeteries thameselves, who have beine respective in possessione for provyding and planting of all kirkis within this kingdome belonging to the beshoprickis, and that evine since thair annexatione, 1587, wpon the sute and calling of the congregationes and paroches wher the ministeris ware to serve in the functione of the ministrie, which is most evident by the 7 act of the 1 parliament of our dearest father in the yeir 1567, and by the assignatione to ministeris of stipendis out of the third of benefices and lettiris of horneing constantlie used to be directed by delyverance of the lordis of sessione wpoun the provisiones and admissiones of ministeris to the saidis stipendis out of the thirdis of benefices by superintendentis, commissioneris of the kirke and presbetries respective, without any presentation at all, both befoir and since the act of annexatione, 1587, quhairby the ministeris so provydit and admitted did bruike and enjoy the fruitis and rentis assigned and thair stipendis dureing thair lyftyme, and many of theme yit liveing doe still bruike and enjoy the same, and suchlyke the forsaid priviledge and the right of the kirke is evident by diverse actis of hir generall assemblyes mad thairanent, and by hir frequent griveances against the usurpatione of prelatis and otheris wpon hir possessione, and especially by hir protestatione against the foirsaid tuo actis of parliament of King James 6, his majesties umquhile dearest father, holden in the yeir 1606, wherby the prelatis pretendit right of patronages and advocationes of kirkis, and defraudit the kirke thairof. And now sieing the said act of that parliament in the yeir 1606 is rescindit, cassit and annullit in this present parliament, and it is most reasonable that the kirke be restored now after the abolutione of the esteate of beshopis to the wonted rightis, priviledges and liberties which shoe had and was in possessione of before the restitutione of beshopis, thairfor the saidis esteatis of parliament conveind as said is decerns, statutis and ordeanes that according to the said 7 act of the 1 parliament of the kingis majesties umquhile dearest father, the full power of provyding of all ministeris to kirkis, which the saidis pretendit beshopis have beine in use to provyd since the said act of thair restitutione 1606, shall heirefter belong and apperteine to the kirke and that in all tymecomeing presbetries (who are now in place of superintendentis and commissioneris of the kirke) within thair severall jurisdictione shall provyd and admit ministeris to all these vacand kirkis which befor ware acclaimed by the foirsaidis beshopis by the said act of restitutione, 1606, to the fruitis and stipendis thairof, but prejudice allwayes to any patronages of kirkis which belongis ather to the kingis majestie or to any laike patrone or to ony nobleman, barone or burgesse right and possessione befoir thaise late troubles, and but prejudice of the interest of the paroches according to the actis and practeise of the kirke since the reformatione; and declaires that the said provisione and admissioun, with collatione and institutione falloweing thairupon, shall be ane sufficient right and tytle for the intrant to enjoy and possess the whole fruitis, rentis and stipendis whatsomevir belonging to the kirke, and to the ministeris serving the cure thairat, and ordeanes the lordis of sessione and all other judges competent to give out decreitis and sentances, letters conforme, horneing, inhibitione and all other executoriellis upoun the said provisione and admissione of ministeris by presbytries, collatione and institutione falloweing thairwpon, such lyke as they are in use to doe upon collatione and institutione falloweing upon presentationis from laufull patrones.
[1640/6/14]*[print] [email] [cite] [preceding] [following]
The estatis of parliament, conveind by his majesties speciall authoritie, considering that the supplicatione of the late generall assemblie to his majesties commissioner against a booke callit A Large Declaratione, as falloweth, was presented wnto ws by the commissioners of the kirke and recommendit to his majesties commissioner for obteining from his majesties justice and goodnes the desyre thairof, and as the said booke was examined by the appoyntment of the assemblie and fund to be dishonourable to God and his trewe religioun, to this kirke and kingdome, to the kingis majestie and to the Marqueis of Hammiltoune, then his majesties commissioner, and diverse otheris persones thairin, and to be full of lies in averring known wntreuthis, in willfull conecalling and perverting many treuthis, in wresting of intentionis, wordis and actionis, as is particularlie conteyned in the censure of the booke registrat in the registeris of assemblie, so they haveing reexamed the same, declaires thair judgment to be the same thereanent, and thairfoir ordeanes the authouris and spreaderis thairof to be most seveirlie punished according to the lawes of this kingdome against leising makeris betuixt the kingis majestie and his subjectis, slandereris of the king and kingdome, and raiseris of seditione and discord betuixt them, that all otheris may be deterred from such dangerous courses, Godis honnour may be vindicat, the innocencie of this kirke and kingdome and his majesties justice and goodnes may appeir not onlie in censuring such malefactouris but in discoraging all such wndermyneris of his majesties throne and abuseris of his royall name by prefixing the same to such scandalouse and dishonorable treatises.
[1640/6/15]*[print] [email] [cite] [preceding] [following]
The whilke day the estatis ordeanes sommondis to be direct in the name of the president of the parliament and the estatis of parliament to the lyoun and herauldis againes Patrike, lord Ettrike and wtheris commanderis within the castle of Edinburgh for delyverie thairof to the estatis, wnder the paine of treasone, within tuentie four houris after the citatione and chairge.
[1640/6/16]*[print] [email] [cite] [preceding] [following]
The quhilk day the estatis nominatis the Erles of Rothes, Montroise, Lothiane and Lord Lindesay, the lairdis of Keir, Riccardtoun, Auldbarr and Cambo, the commissioneris of Edinburghe, Dundie, Stirveling and Irwing, as ane committie to consider the Lady Loudounes supplicatione and for taking course for some satisfactorie ansuer thairto, and to report to the parliament.
[1640/6/17]*[print] [email] [cite] [preceding] [following]
The estatis nominatis the lord generall, the Erle of Louthiane, Lordis Lindesay, Burghlie, Johnestoun and Loure, the shereffe of Taviotdaill, Weddirburne, Houstoun, Frieland, Ethernie, the commissioneris of Pearth, Glasgow, Abirdeine, Montrois and Haddingtoune to meit with the lord generall in his owne chamber, with Maister Adame Hepburne and Maister Alexander Gibsone, the morne at sevine houris in the morneing, and the lord generall to be president, to consider upoun the meanes and wayis of furnishing of all sortis of provisione and giveing orderis to the commisser generall thairanent; as also to thinke upoun the meanes to redrese the disorder of the fugitives of Munrois regiment and to report to the parliament.
This committie was nominat upon occasione of a propositioun made be the Erle of Louthiane from the generall anent the said provisione.
[1640/6/18]*[print] [email] [cite] [preceding] [following]
The whilke day, the estatis haveing hard and considerit the report of the committie for puting the forces of the border shyris in reddines, quhairin it is thought fit by the lord generall and these of that committie that the forces, both of foote and horss, of the neir bordering shyris be presentlie conveind and put in suche places as the lord generall shall thinke meit and expedient for the bettir defence of the cuntrie from any danger which maybe apprehendit from England, the saidis estatis did admitte and approve the foirsaid article, and agried and consentit thairwnto.