Undecima dies parliamenti
[1640/6/40]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by his majesties authoritie, taking to ther consideratione the desyre of the last assembly and the supplicatione of the commissioneris of the kirke, craveing that the advocat for the kirke, the clerke of the assembly and the agent for the kirke may be provydit of fees and pensiones for their service in that chairge out of the kirke rentes belonging to the lat beshoprikis as they have had thair pensiones payed to them out of the same since the reformatione, for the procuratour of the kirke had assigned to him four last halfe last cost, extending to six chalderis, tuelve bollis meale and malt out of the reddiest duties of the beshoprike of Orkney yeirlie, in place wherof, after the restitutione of beshopis anno 1606, ther was fyve hundreth pundis ordeaned to be payed out of the kingis checker to the advocat for the kirke; lykeas the clerke of the generall assembly since the reformatioun and before the restitutione of beshopis, and by the beshopes themselves, conforme to thair band in Januar 1610 yeires, had fyve hundreth merkes payed to him yearlie; and the agent for the kirke had a continowall pensione payed to him out of the kirke rentes for his chairge. And heerwith also the said estates, considering the necessitie of the saidis officeris of advocat, clerke and agent for the kirkis bussiness, with the weight of that chairge and continowall attendance requisit therto, ordeanes and appoyntes the soume of ane thousand merkis of fie and pensioune to be payed yeirlie to Maister Archbald Johnstoun, present advocat for the kirke, and to his successouris chosen and appoynted by the assembly in that place for the fie of that chairge as procuratour for the kirke; and the soume of fyve hundreth merkis to be payed yeirlie to the said Maister Archbald Johnestoun, as present clerk to the generall assemblies of the kirke, for the fie and pensione of that office, and to his successouris choosene and appoynted by the assembly in that place for the dischairge therof and service therintill; and the soume of other fyve hundreth merkis of fie and pensione yeirlie to be payed to Maister Robert Dallgleish, present agent for the kirke, and to his successouris chosen and appoynted by the assembly in that chairge. And in respect the advocat, clerke and agent for the kirke most have there continouall residence at Edinburghe for attending the affaires of the kirke, and that the saidis fies and pensiones ought to be payed out of the beshopis rentes and that the saidis officeris should be payed therof out of the neerest and most commodious rentes belonging to the saidis beshoprickis, thairfore the saidis estates ordeanes the saidis fies and pensiones to be payed to the saidis present officeris and to thair successouris respective in that chairge out of the reddiest of the fewe dewties and out of the quotes of testamentes of the diocesse of Sanct Andreues, Glasgowe and Edinburghe, according to the proportione and divisione to be determinat and set doune by the committee from this present parliament appoynted to remaine at Edinburghe. And ordeanes the foirsaidis fies to be payed, conforme to that divisioun, by the heritouris, feweris, fermoreris and otheres adebted in payment of the few dueties of the saidis thrie beshopriks, and by the collectouris and intromettoures with the saidis quoites of testamentes, and also ordeanes the lordis of sessione to direct letters one this present act and upoun the determinatione and divisione of the said committie, at the instance of the advocat, clerke and agent for the kirke, present and to come, for payment to them yeirlie of there saidis fies and pensiones abovespecified. And because that the present procuratour, clerke and agent have beene serveing the kirke in these places these tuo yeires bygone without receiveing thair fies otherwayes due to them, and that the rentes of the saidis two yeires are wntakine wp as yit by the pretendit beshopis of Edinburghe and Sanct Androwes and Glasgowe, but are restrained in the tennentes and collectouris handis, thairfor they ordeene their entrie of payment to be to the cropt and yeir of God 1638 yeires.
[1640/6/41]*[print] [email] [cite] [preceding] [following]
Forsomuche as at the conventioune of the estates haldine in Januarie 1640 yeires it was voluntarlie offered that for the defraying of the commoun chairges and for other necessaris and wrgent expenss everie man should pay the tenth pairt of his yeirlie rent, alsweell to burghe as landward, for the cropt and yeir of God 1639, conforme to the valuationes to be mad within and without burghe respective, and for that effect did voluntarlie obleidge themselves therwnto, as the bandis granted thairanent by the heritouris within the severall presbetries and burghes more fullie proportis, which band and whole tennour therof the saidis estates now conveened in parliament ratifies and approves in all poyntes as the samene is conceived, asweell anent the payment of the said tenth pairt as anent the retentioun of the proportionall pairt of the annuellrent in maner thairin exprest. And sicklyke in respect that the burdeenes of the commoun chairges daylie increaseth and that the heritoures to landward and burgess within burghe beare the same, conform to thair rentes, trad, house mailles and otheris, wherby yeirlie profit and commoditie aryseth without respect to thair moneyes, thairfor it is ordeaned that the moneyes or annuellrent or lyferent shall beir ane equall and proportionall burdeene with the saidis rentes, trad and house mailles by way of retentione, asweall to the foirsaid tenth pairt as in all other burdeenes the cuntrey is or shall be put wnto by generall order, and the termes of retentione to be conforme to the termes of payment of the said tenth pairt or of any other burdeene imposed or to be imposed wpoun the said rentes, trad or otheris foirsaid, after the proportione therof shall be determined by the commissioneris, auditouris of the accomptis of the commoune burdeenes appoynted for that effect, wntill which tyme no debtoures shall have pouer to reteene any pairt or portione of his annuellrent or lyferente further then the said tenth pairt for the cropt and yeir 1639 yeires allenerlie. And because the present expedition or any other expeditione heirefter requyres advancement by the heritouris and burghes of the tuo pairt of the footmen and horsemen thair pay, conforme to the rentes and valuationes of each shyre and burghe, which will be only in some shereffdomes and burghes, and to the effect that the burdeene may be equall throw the whole kingdome, thairfor it is ordeaned that the said advancement and provisione shall be put in compt by the shyre, burghe, regiment or company who shall send out there men in the said expeditione or in any other expeditione or service necessar, as the counsall of estat and generall shall command, and the saidis accomptes to be givine in to the saidis commissioners, auditoures therof, who shall have power to comptroll, fit or allow the same, which comptes being so fitted and allowed shall be a pairt of the commoune burdeene to be rambursed and allowed to the advanceris therof. And because a great pairt of the presbetryes and burghes of this kingdome have not as yit reported thair valuationes perfytlie and rightlie done, conforme to the generall order, therfor it is ordeened that all the presbetries and burghes within this kingdome who have not as yit mad report of thair saids valuationes in forme and maner abovespecified shall report the same betuixt and the tuenty day of June instant besouth Tay, and betuixt and the first day of July nixtocome be north Tay, and that either wnder the handis and subscriptiones of the suorne men appoynted within each presbetrie, testifieing the same to be true upoun thair consiences and creedit according to ther knowledge, after the most exact and true informationes they could gett, or wtherwayes wnder the handis of the heritouris or magistrates upoun thair consiences and credit, or last by the subscriptiones of the heritoures and magistrates thair handis, but with this caveat: that what is concealed of land rent, tred or other rent (wherby profit or comoditie aryseth or did aryse the said yeir), the whole rent therof or the equivalent and availl of the same shall be confiscat to the publicke wse and the generall collectour appoynted to wplifte and receave the same, and if need be to persue therfor. And (that no subterfuge and concealment be wsed in valuationes) it is appoynted that all land trade, shipping, salmond fishing and other yearly commodity whatsoevir wherby proffit did aryse the said yeir shall be fullie and trulie givine wp without partiality, as the wpgiveris will either be ansuerable upoun there consiences or the heritouris on the hazard of confiscatione. And lykewayes it is ordeaned that all money whatsoever which payes annuellrent to any persone not lyable in the foirsaid contributione shall pay a proportionall pairt in thair said annuellrent to the publict wse, as the samene sall be imposed, asweell for the said tenth pairt as for the burdenes heirafter to be imposed; and for that effect the valueris to take particulare notice of such soumes. And incaise any delay or refuise to send in thair saidis valuationes to the clerke of the same at Edinburghe betuixt and the saidis dayes respective, in that caise it is declaired that the delayeris or refuiseris shall bee esteemed and valued conforme to ther retouris or wtherwayes as the committie at Edinburghe shall thinke fitt, and a proportion laid one accordinglie, which they shall be holdine to pay without any deductioun or favour in tymcomeing. And suchelyke for inbringing of the moneyes conform to the saidis valuationis, it is appoynted that ther be collectouris chosine in everie presbetrie (wher there ar none chosene as yit) by the gentlemen and heritouris, and that the commissioneris of shyres sie the same done, and cause the saidis collectores (so to be chosine) subscrybe bandis for doeing of there diligence and making payment of the collectione to the generall collectore, and send the same into Edinburghe to him. And wher the valuationes are allreddie brought in and collectoures allreddie made, it is ordeaned that the saidis collectores shall with all possible diligence send all the moneyes they have to the principall collectour at Edinburghe, and shall use all possible diligence for the rest and give in there diligence to the said principall collector, with certificatione if any lyable in payment of the said tenth pairt shall not pay to the saidis collectores the soumes due by them, conforme to the saidis valuationes, the said principall collector or his deputes shall wse all laufull executione against theme wher the bandis are subscryveit, and where the bandis are not subscryveit they shall be reput and wsed as none covenanteris. And to take away all objectiones for not paying of the said tenth pairt, it is appoynted that everie presbetrie and burghe shall send in the moneyes due for the tenth pairt without deductione of any pairt of it except what is alloued for pay to ther officeris befor the first of February last and pryces of victuell delyvered to commissaris for the publicke wse or by warrant from the committie; and if they have not reddy money they shall barrow the same from any persone or persones to burghe or landward where it may be had upoun their owne securitie. And if any persone or persones of whatsoevir ranke, degree or calling shall refuse to lend the same (reserveing allwayes so much therof as may reasonably serve his owne privat use and his famely according to his estate and qualitie) wpon the said securitie, it shall be leisume to theme to conveene them before any ordinary judge or committe of the shyre or presbetrie, which being laufullie proved by writ, witnesses or oath of pairty that they have money and refuse to lend the same, they shall be holdine as oppositis to the commoun cause and the money to be confiscate, the one halfe to the apprehenderes and the other to the publicke wse. And because there is a present necessitie of moneyes, by and attour the said tenth pairt therfore, it is appoynted and ordeaned that everie presbetrie within this kingdome shall lend to the publicke wse the tuenteith pairt of the rent conteened in the valuationes, and that by and attoure the said tenth pairt, wpon declaratioun and act to be mad by the committie from the estates that the same is givine and lent by them for the publike bussines, to be repayed togither with the annuellrentes therof when a commoune course is laid doune and prosequt for the releiffe of the commoun burdeenes to be endit with all possible diligence; and the furthest shyres to returne thair bandis or money betuixt and the first day of July nixt, or otherwayes it shall be leisome to the said committie from the estates to find out the money in maner and with certificatioun foirsaid, and to designe to the haveris of the said money any noblemen, gentlemen, burgess or substantious wealthy mene within each presbetrie, one or mo, who shall be obleist to give band or securitie to the saidis lenneris for repayment therof and annuellrentes for the same in the ordinary forme, the soume not exceeding the said proportione of the said tuentieth part of the valuatione of the said presbetrie; for releiffe of the which persones, one or mo, who shall give band or securitie foirsaid, the whole heritoures of the said presbetrie, asweell to burghe as landward, shall be bund conforme to the proportione of ther rentes and duties, and for that effect shall have actioun of releeffe against them in case of distress. And sickelyke it is declared that all the bandis, contractes and other obleishments for soumes of money allreddy barrowed for the publike use shall bee relived and payed by all the heritoures within this kingdome, alsweell to burghe as landward, conforme to the valuations proportionally, and these who have subscryveit the saidis bandis, contractes and other obleishmentes foirsaidis shall have there releefe of the whole shyres and burghes conforme to the severall proportiones, asweell these who have subscryveit as these who have not subscryveit the saidis bandis and otheris foirsaidis; and where the valueris and collectouris chosene or to be chosen refuse to goe one and perfyct the saidis valuationes or collect the tenth pairt in maner above specified, in that caise they or ony of them shall be holdine and reput as enemyes to the commoun cause, without prejudice allwayes incaise after ther said refusall to the heritoures and magistrates to doe any of the other tuo alternatives; and incaise the said heritoures or magistrates delay after the saides dayes respective, the foirsaid certificatione to be valied against them in maner forsaid. And it is heerby declaired that if any persone or persones within or without burghe shall upoun ther oathes declaire to the saidis valueris or auditouris that they pay annuellrent to strangeris duelling without this kingdom, of whom they cannot have the retentione of the proportionall pairt of the contributione due out of the said annuellrent, in that caise the saidis valueris or auditouris shall defaulke proportionally to the saidis persoune or persones contribution of ther tred, craft, rent and estat as they shall find agreeable to equity and reasone; and suchlyke it is heirby declaired that this present act nor no clause therine shall be ony ground of suspensioune to any debtour for retentioun of the principall soumes adebted by him and byrune annuellrentes, but that everie creditour may sut, crave and chairge for the same eftir the day of payment as accordis of the law. As also it is statute and ordenit that these debtoures who shall not pay ther annuellrentis termly, at leist within sex monethes efter each terme of payment of the said annuellrent, shall have no retentione of the said proportionall pairt of the said contributioun. And suchlyke it is heerby declaired that this maner of stenting for the said collectioun and contribution shall nowayes prejudge any persone whatsoevir in succeeding taxationes, but that every manes right and cleame anent the prejudice may aryse concerneing the forme and maner therof, wherby any man can instruct enorme lesioun and that he was wnequally stented, is heirby specially reserved hinc inde. And last it is statute and ordeaned that the lordis of sessioune shall be judges to all suspensiones to be raised in the said collectione and contribution, in such forme and maner as they are and have beene in materis of taxatioun.
[1640/6/42]*[print] [email] [cite] [preceding] [following]
The thrie estates of parliament presentlie conveened, haveing takine to there consideratione the present estate of this cuntrie and kingdome, being invironed and threatened with armes by sea and land and great hostile preparationes hatched and prepaired against the same, without any just ground or quarrell, quhairby (as manifestlie doeth appeare) there is nothing lesse intendit against this church and kingome nor ane wtter exterminatioun and totall distructione, so that the saidis estates are necessitat and forced to put themselves in reddines for a just and laufull defence of the religioun, lawes, lyfes, liberties and cuntrey; and withall, considering how necessar it is for the good of the publicke wealle of the cuntrey and mentinance of the armies lifted and to be wplifted and outreiked, both by sea and land, and for ordering, directing and governeing of the whole body of this cuntrey and kingdome, that a setled, grave and solid committe from the estates be elected, nominat, constitute and authoreized by this present parliament, which committe from the estates shall consist of a competent nomber of the most able, qualified and trustie noblemen, barrones and burgess of this kingdome, therfore the foirsaidis estates of parliament now conveened doe heerby nominat, elect, choose and appoynt the persones afterspecified, viz: Johne, erle of Rothes, James, erle of Montrose, Johne, erle of Cassilles, Johne, erle of Wigtoune, Charles, erle of Dumfermling, Williame, erle of Lothiane, Johne, lord Lindesay, Johne, lord Balmerinoche, James, lord Couper, Robert, lord Burghlie, Archbald, lord Naper, Johne, lord Loure, Sir Alexander Gibsone of Durie, Sir Johne Hope of Craighall, Sir Johne Scot of Scottistarvet, senatoures of the colledge of justice, Sir Thomas Nicolsone of Carnocke, Sir Patricke Hepburne of Wauchtoune, Sir David Home of Wedderburne, Sir George Stirling of Keir, Sir Patrike Murrey of Elibanke, Sir Patrike Hammiltoun of Litle Prestoun, Sir Williame Cunynghame of Capringtoun, Sir Williame Douglas of Caverse, James Chalmeris of Gaitgirth, Sir Thomas Hope of Kerse, [...] Drummond of Riccartoun, [...] Lesly of Forbese, Maister George Dundasse of Maner, Johne Smyth, Edward Edger, Thomas Patersone, Richard Maxwell, merchandis burgess of Edinburghe, Williame Hammiltoune, burges of Lithgow, Maister Alexander Wedderburne, clerke of Dundie, George Porterfeild, baileiff of Glasgow, Hew Kennedy, baileiffe of Air, Johne Rutherfoord, proveist of Jedburghe, Maister Alexander Jafray, burgess of Aberdeene, or Maister Williame Ore in his absence, James Suord, burgess of Sanct Andrewes, and James Scot, burges of Montrose, to be commissioners from the estate, to whom the estates and body of this present parliament gives and commites full pouer, warrand and commissione to doe, order, direct, act and put in executione everie thing necessar, expedient and incombent, alsweell for the preservatioune and mentinance of the armyes, both of horse and foot, by sea and land, as for ordering the cuntrie and whole body and inhabitants therof, deceiding of questiones and debaites which shall happine to aryse or fall out in any bussines which shall occasione or offer in this kingdome concerneing the peace and quyet therof, but prejudice of the colledge of justice or any other ordiner judicatorie within this kingdome laufully estableished by act of parliament, which shall nowayes be prejudged by this commission; and with full pouer to them to barrow, wptake and levy moneyes for the use of the publict and to give and prescribe orderes and directiones for depursing therofe, and for any other thing requisit which may concerne the good, quyet and peace of the cuntrey; and with power to them to call and conveene such noblemen, barrones, burgess and other cuntreymen to repair to them for there counsell and assistance in any bussines which shall occure as they shall find necessar and expedient; and with pouer to them to give orderis and directiones to collectores, commissioneres and all otheres persones who shall happine to be employed or have chairge or place either in the army or in the contrey in the publicke bussines, in every thing which concernes ther place and chairge, and to call them to accompt alse oft as they please, and to appoynt auditoures for heiring and receiveing thereof (whither of ther owne nomber or any other the please to nominat); and with pouer to them to allow and disallow as they shall find equitable and expedient for whatevir the saidis commissioneris shall either wplifte and barrow for the publicke wse or shall find due by any comptes, bandis, billes of exchange or wther furnishing or debt allredy barrowed and advanced for the use of the publicke either in money, victuell or any other necessar furnishing whatsoevir, the same comptes being fitted and fund laufull by the saidis commissioneris and there auditoures foirsaidis. The saidis estates declaires that what shall be fund due or resting therof shall be a laufull debt and burding which shall burthen and affect the saides estates, who doe heerby bind and obleis them and there successoures to pay, relive, ramburse and defray the same. Lykeas the saidis estates of parliament doe heirby give and grant full pouer and warrand to the saidis commissioneris from the estat to prescrybe, injoyne and set doune reules and wayes for the defrayment of the same burthenes and for payment and releefe therof to the creditoures and otheres who lye and shall lye wnder the burthen of the same, and that out of the reddiest moneyes or other goodis belonging to the publicke and estat, or otherwayes by proportione to impose the payment and releefe therof wpoun the estat and inhabitantes of the cuntry according to the rentalles, rolles and valuationes of the rentes of the kingdome, and for that effect to reveise, comptroll, sit and allow the whole comptes of the common burdenes, alsweell allreddie resting oweing by bandis, contracts, billes of exchange, lettires of credit, factorie comptes or otherwayes, as which shall happine to be barrowed and resting or oweing heirefter; and haveing drawne the same to ane totall soume, to cast a proportionall pairt thereof wpoun everie shereffdome, presbetry, parochine and burghe within this kingdome conforme to the saidis valuationes, and which shereffdomes, presbetries and burghes shall devyd the same among the particular persones lyable thereine. And that letteres be derected in the ordinar maner, alsweell for ingathering therof as for releefe therofe, with certificatione if the same or any pairt therof shall not be payed at the termes appoynted by the saidis commissioneris, auditours foirsaidis, the persones refuisers or delayeris shall not only pay annuellrent for the same, conforme to the act of parliament, but shall also pay ten merkis for ilke hundreth merkis failzie. With pouer lykewayes to them as said is to set doune wayes for exsyses to be laid on wivers for the weall of the cuntrey and helping to relive the burthenes therof and mentinance of the army, and with pouer to them to give orderis, instructiones and directiones to all inferiour committies, shyres, burghes, presbetries, stewartries, regalities and otheris whatsoevir within this kingdome in everie thing which concernes the publicke, and for the mentinance of the armeys and other necessar employmentes through the whole kingdome in suche forme and maner as the saidis commissioneris, or so mony of theme as are a quorum in maner efterspecified, shall direct or appoynt. And generallie with full pouer to them to doe all and sindrie other thingis requisit anent the ordering, directing, manageing, prosecuting and executing of all effaires and bussiness of this kingdome which may or can conduce to the weall of this kingdome or any pairt therof and which ought and should or shall be needfull to be done by them for menteanance and preservatioune of the religioune and liberties of this kingdom anent the premiss, without prejudice allwayes to the ordinarie judicatories as said is. And further, with pouer to the saidis commissioneris of estate to nominate and constitut commissioneris, overseeres and all other officeris, asweell in the army as in the cuntrey, so oft as occasioun and necessity shall requyre for menteaneing of the army in every thing necessar, and for excerceising and dischairgeing of all othair thingis needfull for the publicke throw the whole kingdome (without prejudice of the generall commissaris gifte). And it is heirby ordeaned that the forme and maner of the proceedingis of the saidis commissioneris of estate and the places of there residence respective shall be in maner eftirspecified, viz: there shall be tuo constante places of there residence, wherof the one shall be at Edinburgh, or any other convenient place wher they may most convenientlie and saiflie sit and resid, and the other shall be constantlie at the army, who shall keepe correspondence, the one with the other, anent ther proceedingis. And it is ordeaned that there shall be tuelve of everie estate for both committies, making eighteine for everie committie, and the quorum to be thus, viz: three of each estat when the estates are full, or any seavine promiscuouslie when any of the estatis keepeth not. And when any of the persons nominat wpoun this commissione shall decease, it shall be leisome to the most pairt of the quorum of the estat at Edinburgh or at the campe respective to appoynt any other of there owne estate in place of the persone deceased, viz: the quorum at Edinburghe or other wher else to nominat the persone in place of the pairtie inlaiking of the commissioune appoynted to resid at Edinburgh or other where ells, and the quorum of the committie at the campe to nominat the person in place of the pairtie inlaiking of the committie of the campe. And it is ordeaned that the foirnamed commissioneris divyd ther nomberis proportionally and with such equality as that nather the army nor the countrie at any tyme shall want a competent nomber to sit and resid constantlie for determineing of all materis incumbent to them, and what evir the foirsaid quorum of [...] persones at Edinburghe or in the countrie or mo of them and whatever the foirsaid quorum of [...] persones or mo of them being at the campe shall determine, decerne and ordeene in any cause, bussines or debat incombent to them, the same shall have the full strenth of a valid and laufull decreet and sentance or what evir bussines or convenciency shall be prescrybit by the foirsaid quorum respective or either of them, the same shall be alse valid as if it ware done by the whole nomber; provyding allwayes that non of the saidis quorum, either these who shall resid at Edinburghe or these who shall be with the army, severally by themselves, shall ingadge in warr with ony natione or make capitulatione of agreement without mutuall consent of the whole, at the least of bothe the quorums. And because it is expedient that the saidis commissioneris of estate have a sufficient trustie and able clerke for keeping of all the recordis, registeris, actes, bandis, warrandis and other paperis whatsoevir which conferne the publicke or the saidis judicatories, and the estates of parliament haveing reall experienc of the trust, qualificatione and ability of Maister Adame Hepburne of Humbie for dischairging of the same place and office, therefor the saidis estates of parliament doe heerby create, nominat and constitut the said Maister Adame Hepburne to be clerke to the saidis commissioneris of estat and other of them, with all priviledges, liberties, casualities, fees and immunities belonging therto; with pouer to him to substitut deputs, one or mo, for whom he shall be ansuerable, to the effect that aither he or his deputes may be allwayes present, so that none of the saidis judicatories be interrupted for want of clerkis; which clerke foirsaid and his deputes shall have the trust, chairge and keeping of all the paperis, registeris, recordis and otheres foirsaidis which concerne the premises, and the actes and subscriptiones of the said clerke and his substitutes shall make alse great faith as the actes and subscriptiones of any other clerke within this kingdome, the saidis commissioneris and clerkis being comptable to the estates of parliament. With pouer also to the saidis commissioneris or the quorum resyding at Edinburgh or other where else to conveene the whole body of the estates when they shall find necessity. And this commissioune to indure ay and whill the nixt meeting of estates, ather in conventione or parliament, and that the same be dischairged by either of them. And it is heerby declaired that if any of those whose turne fales to be present shall be absent, by whose neglect the bussines may be disappoynted, the saidis quorums or any of them shall injoyne such paines and penalties either wpon ther persones or goodes as they shall find the saidis persones of the said committie to demerit for ther absence from any of the said places respective. And because ther will fall out in the campe a necessitie either of treaties, consultationes or publick declarations to shewe the reasones of the demandis and proceedingis in assembly and parliament and the prejudices against either of them, the estates ordeanes Maister Archbald Johnestone, procuratour for the kirke, as best acquaint with these reasones and prejudices, to attend his excellence and to be present at all occationes with the said committe for ther further informatioun and cleiring thereanent. With pouer to any of the saidis quorums to take the oathes of these who are presentlie absent for there faithfull, dutifull and diligent endevores in the performance of ther duetie in the foirsaid commissione. Lykeas it is heirby declaired that the generall, his excellence, and other generall officeris are heirby priviledged and warranted to be at the said committie as occasioun shall offer.
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The estates of parliament, conveened by his majesties speciall authoritie, considering that wheras by the generall surrender of kirke landis and erectiones mad by the superioures and titulares thairof in favoures of the kingis majestie, it is speciallie provydit that the saids superioures and titulares, notwithstanding their surrender foirsaid, shall have right to the few fermes and dueties of the vassellis and fewaris of the said kirke landis and erectiones till the kingis majestie make payment to them of the pryces of the said fewfermes and dueties modified by the lordis and otheris of the commissioun for surrenderis and teyndis, and sicklyke the fewares and vasselles of the said kirke landis and erectiones are obleidged by there new infeftmentes wnder the great seale to pay the saides fewfermes and dueties to the kingis majestie and his successoures, and so are lyable to double payment therof, without remeed be provydit. It is therfor statut and ordeened by the saidis estaites that the saidis fewaris and vassellis of kirke landis and erectiones, thair heires and successoures shall be obleidged to make thankefull payment of the saidis few fermes and dueties and services usit and wont conteyned in their infeftmentes, and wherof the saids superiores and titulares have beene in possessione preceeding that surrender foirsaid, to the saidis superioris and titulares, ther aires and successoures ay and whill they get payment of the pryces modified by the saidis lordis and otheris of the commissioun forsaid, and that lettiris of horning and poynding shall be granted to that effect, without prejudice allwayes to his majestie and his successoures of the superioritie of the saidis fewares and vasselles surrendred in maner foirsaid, and without prejudice to them of there infeftmentis takine to be holdine of his majestie and his successoures. Lykeas it is declaired that the saidis fewares and vassellis of kirke landis and erectiones have beene in bona fide in payment of the saidis few fermes and dueties to the saidis superioures and titulars of all termes bygane, according to the provisioune conteyned in the said generall surrender.