Duodecima dies parliamenti
[1640/6/44]*[print] [email] [cite] [preceding] [following]
The quhilke day the estates of parliament, conveined by his majesties speciall authoritie, remembring the thankefull and painefull service done be Generall Sir Alexander Lesly in the dischairge of his dutie and chairg as generall of the Scottis forces, horses and foot, in anno 1639, be virtue of a commissioune granted to him be the estates of this kingdome conveened in Maii 1639, therfor they ratifie and approve all his proceedingis and actes done bee him and all these wnder his command in dischairge of ther said duetie in the said chairge, acknowledging that his singular caire, vigilancie, paines and good governement meriteth ane greater reward then this, which is only in there power to confere, that in testimonie of there thankefullnes the same may be recordit in there publict register to remaine there as ane evident of there obligatioun to posteritie.
[1640/6/45]*[print] [email] [cite] [preceding] [following]
The quhilke day the estates of parliament, presentlie conveened by his majesties speciall authoritie, considering that forsamekle as the estates of this kingdome conveend at Edinburghe, the sevinteinth of Apryle last by past, for weightie and important reassones, nominat and elected Generall Sir Alexander Leslie of Ballgonie, knycht, to be generall of all the Scottis forces serveing for the commoun cause, asweell horss as foot, quhilke electioune and commissioun granted to him of the dait foirsaid they acknowledge to be done for the weell of this kingdome and for his eminent woorth deservedly conferred upoun him; therfor they, all in one voyce, ratifies and approves the said electioune and commissione in the haill heides, tennour and contentes therof, with this additioun: that the said commissioune shall be extendit to make him generall alsweell by sea as land, with pouer to him to doe everie thing fitting, conforme to the tennour of the said commission therin, declairing allwayes, lykas it is heirby declaired, that the articles of militarie discipline mentionat in the said commissioun are wnderstood to be such as shall be condishendit upoun be the haill estates or be the committe from the estates, with consent of the said generall, and that the said generall shall not ingadge in warr or make capitulatione of peace without consent of the said committie of esteat, at the least of both the quorumes therof. And the estates, knoweing the woorth and abilities of Maister Robert Meldrum, ordeanes and appoyntes the said Maister Robert to attend the said lord generall to be his secreetarie.
[1640/6/46]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened by his majesties speciall authoritie, for the explanatioun of the 18 act of the lat parliament, holdine at Edinburghe in the moneth of June 1633 yeir, intituled 'Anent the excheker', findes, declaires, statutes and ordeanes that the validity or invaliditie of infeftmentes of his heighnes propertie or of any other infeftmentes may not be discused nor decidit in exchekker, nather by way of actioun, exceptioun or reply, but that the discussing and deceisioun therof is onlie proper to the lordis of sessione; it is addit that the exchekker are only judges to materis concerneing the manageing of the kingis rentes and casualities.
[1640/6/47]*[print] [email] [cite] [preceding] [following]
The quhilke day the estates of parliament, presentlie conveened by his majesties speciall authoritie, ratifies and approves the commissioun of the dait the [...] day of [...], granted be the estates of this kingdome than conveened in favoures of Colonell Alexander Hamiltoune to be generall of the artilliarie of this kingdome, in the haill heidis, articles and clauss of the samene commissione, and haldis this ratificatioune alse sufficient as if the commissioun war insert heirintill; and recommendis and remittis to the comitty of estates to take the said Collonell Hammiltoun his looss susteinit in the commoun cause to ther consideratioun, and grant him recompence for the same and his worthie service.
[1640/6/48]*[print] [email] [cite] [preceding] [following]
The whilke day the estates of parliament, presentlie conveend by his majesties speciall authoritie, ratifies and approves the commissioun daited the [...] day of [...], granted be the estates of this kingdome than conveened in favoures of Collonell Williame Baillie to be generall major of this kingdome and armies therof, in the haill heidis and articles of the samene commissioune, holding thir presentes alse sufficient as if the samene haill commissioun were insert heirintill.
[1640/6/49]*[print] [email] [cite] [preceding] [following]
The quhilke day the estates of parliament, presentlie conveened by his majesties speciall authoritie, considering that forsameikle as the committie of the estates of this kingdome reseiding at Edinburghe 15 May 1640 yeires, for weightie and important reassones, nominat and elected Maister Alexander Gibsone of Durie to be generall commissar of the whole kingdome of Scotland and of all the forces, armies, regimentes and companyes therof, wherevir the samene shall happine to be for the tyme, as the commissione granted to him theranent beirand dait at Edinburghe, the 15 of May 1640 yeires mair fullie proportes, quhilke electioun and commissioune the estates acknowledges to be done for the weell of the kingdome and deservedly conferred upoun the said Maister Alexander Gibsone; therfor they, all in one voyce, ratifies and approves the said electioun and commissioun in the haill heidis, tennour and contentis thairof, with this addition: that the said Maister Alexander Gibsone, generall commisser forsaid, shall have sole pouer be himselffe of electing and making of subcommisseris wnder him in all the pairtes and places of this kingdom necessar as he shall find expedient and usefull for the provisioune of the armies and campe, and for his helpe and ease in the dischairge of the said office.
[1640/6/50]*[print] [email] [cite] [preceding] [following]
The quhilke day the estates of parliament, presentlie conveened by his majesties speciall authoritie, ratifies and approves the commission daited the [...] day of [...] yeires, granted be the estates of this kingdome than conveend in favoures of Collonell [...] Munro to be generall major of this kingdome and armyes therof, in the haill heidis, articles and clauss therof, and holdis thir presentes alse sufficient as if the commissioun ware at lenth insert heirintill.
[1640/6/51]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened by his majesties speciall authoritie, considering the honnour, dignitie and authoritie of the supreme court of parliament over the counsell and sessioun, and over all other civill judicatories of this kingdome, which have ther originall thair power and authoritie from the kingis majestie and the estates of parliament, is subordinat therunto and ought to be comptable and censurable by them for there abuising of ther pouer to the prejudice of the countrey for the weale therof they ware estableished, according to the 12 act of the second parliament of King James 4, wherin the kingis counsell was suorne in presence of the three estates to give his heighnes ane true and effauld counsell in materis concerneing his majestie and his realme, and to be responsall and accusable to the king and his estates of there counsell; considering also that dureing his majesties absence furth of this kingdome it is most necessar for the publicke peace of this kingdom and his majesties honnour that all misinformeres, raiseris and interteaneris of jelousies, suspitiones and divisiones betuixt the king, this kirke and kingdome should be seveerlie punished, and especially all bad counselleris who instead of giveing his majestie a true and effauld counsell heath givine or will give informatioune and counsell to the evident prejudice and ruine of the liberties of this kirke and kingdome, should be exemplarlie judged and censured by the kingis majestie and the esteates of parliament. Therfore they renewe and revive all actes of parliament made against leising makeris, raiseris and interteaneris of jelousies, contentiones and divisiones betuix the kingis majestie and this kirke and kingdome, and declaires that no dignitie, quality, place or office whatsoevir shall exeeme these or any persone whatsoevir from the censure of the said actes.
[1640/6/52]*[print] [email] [cite] [preceding] [following]
The estates of parliament, conveened by his majesties speciall authoritie, considering the necessitie of reviveing and putting in executione the 53 act of the third parliament of King James the Sext anent letteris of horneing and captione to fallow wpoun excommunicatione of the kirke after fourtie dayes, renewes and revives the said act of parliament, and ordeanes the lordis of sessione to grant lettiris and other executoriellis againest the excommunicat prelates and all other excommunicat persones.
[1640/6/53]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened by his majesties speciall authoritie, taking to ther consideratione the prejudice that may come to these subjectes who holdis thair lands waird of the kingis majestie or of any other superiour whatsoevir, and shall happine to be killed in the defence and mentinance of the religione and of the lawes and liberties of this kingdome dureing the tyme of the present troubles therof, heath statute and ordeaned, and heirby statutes, ordeanes and declaires that the proffet and benefiet of the waird, mariage, nonentrese and releife, falling by the deceis of any of these who shall happen to be killed in maner and for the cause foirsaid, with the whole commoditie that can fallow wpoun the same, shall only perteene and freelie be givine and disponed to the heires, relict and bairnes of these who shall happen so to be killed as falloweth, viz: wher the relict and remanent bairnes (by the heir) shall be fund provydit by the defunct, then in that caise the whole benefiet of the waird, mariage, nonentrese and releefe shall sollely belong to the heir; but wher the relict and remanent bairnes (by the heir) beis not fund provydit, in that caise the benefiet of the mariage shall only perteene to the heir, and the profit, commoditie and benfiet of the waird, nonentrese and releife shall be imployed and used for the interteanment and mentinance of the relicke and bairnes wnprovydit, and also for the interteanement of the heir if he have no other meanes for mentinance; and what is overplus by the relicke and bairnes there interteanement foirsaid, ordeanes the same superplus to be employed for the provisione of the said remanent bairnes by the heir wnprovydit as said is, provyding allwayes that the saidis heires and otheris persones foirsaidis to whom the benefit of the saidis waird, mariage, nonentrese and releife is appoynted to perteane in maner respective befor rehearsed bees funden not to have studden against the mentinance of religioune, lawes and liberties of kirke and kingdome, contrair to the late covenant ratified in this present parliament. And also the saidis estates findis and declaires that the kingis majestie and all other superiours whatsoever of the saids waird holdingis shall be altogidder secludit from the benefiet of the foirsaid waird, mariage, nonentrese and releife falling by deceas of there vassellis in maner and for the cause before rehearsed.
[1640/6/54]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened by his majesties speciall authoritie, considering that the offices of archbeshopes, beshopes, archdeanes, deanes and otheris, the memberis of there chapteris, are now abolished out of this kirke and kingdome, and heirwith also taking to ther consideratione that ther is sindrie noblemen, gentlemen and otheris within this realme who held there landis of the saidis archbeshopis, beshopis, archdeanes, deanes and otheris memberis of chapteris (who are now abolished foorth of this kirke and kingdome as said is), for payment of certane yeirlie few dewties and full filling of certane clauss irritant and performeing of other conditiones conteaned in ther infeftmentes, takes and rightes, and who, not knoweing to whom they shall now pay there saidis dewties and full fill the other conditiones of there infeftmentis and reightis, may be prejudged by incurring of the failyie and danger of the clause irritant of thair saidis rightes for not payment of ther few and wthers dueties therinspecified, and by the incurring of the certification conteyned in the actes of parliament set doune anent the payment by vassellis of ther few dueties to ther superioures, the saidis estates, for remeed heirof and for escheweing the danger and prejudice that may come, heerby findis and declaires that these noblemen, gentlemen and otheris who by there infeftmentis, takis and rightes are indebted in payment of few and take dewties or obleishit in full filling of any other conditiones to the saidis archbeshopis, beshopis, archdeanes, deanes or other beneficed persones, memberis of ther chapteris now abolished as said is, are not and shall not be in mora for not payment of ther saidis dueties and not fullfilling of the other conditiones of there rightes, and that the clause irritant of there infeftmentes, takis and other rightes shall not rune against them, nor yet the certificatione of the saidis actes of parliament militat against them for not payment of ther saides dueties and not fullfilling of the other clause of the rightes dureing the intervall of tyme betuixt the first day of Apryle 1638 yeires and sensyne and in tyme comeing, while order be takine be the estates of parliament anent the way and maner of payment of the foirsaidis few and other dueties for the saidis noblemen, gentlemen and otheris foirsaidis there securitie for the payment therof, and whill the same order so to be takine by the estates heiranent be publicklie notified to all the leiges notwithstanding of any clause irritant conteyned in the foirsaidis infeftmentis and reightes and notwithstanding of the certificatione of the actes of parliament set doune against these who payes not their few dueties to there superiouris.
[1640/6/55]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by his majesties speciall authoritie, considering that the commandement of the castle of Edinburghe, wherin the most pairt of the publicke registeris and recordis and the honoures of the kingdome are keeped, and sicklyke the commandement of the castle of Stirveling and Dumbartane, being a chairge of great weight and importance, concerneing alsweell the kingis majesties honnour and saiftie as the securitie and saiftie of this whole kingdome, ought not to be committed but to such persones as are knowne and approved by the whole course of there lyfe to be true and faithfull subjectis to his majestie and trustie and weell affected cuntriemen, loveing and tendering the peace, prosperitie and good of this whole kingdome and the preservatioune and advancement of the true reformed religioun now therin, by Godis providence, established and professed, and interteaneing of wnitie betuixt the king and his good subjectis, have therfor statute and ordenit and heirby statutes and ordeanes that the custody and keeping of the saidis castellis shall be only intrusted to suche persones as are natives borne and bred within this kingdome, known and esteemed to be of the qualitie foirsaid without exceptioun, and who befor there entrie and admissioun to whatsoevir chairge, place or service within the said castles, or any of them, aither as captanes, constables, commanderis, souldieris or servantis within the same, shall be bund and obleished by a solemne oath to be givine and mad by them and everie one of them to make faith that they shall faithfullie employ whatsoevir pouer, chairge or service committed or that shall be committed to them within the saidis castellis, or any of them, so far as they can or in them lyes, to the kingis majesties honnour and saiftie, to the peace, saiftie, good and prosperitie of this kingdome and commoun wealth and to the preservatione and advancement of the true reformed religion therine presentlie established and professed, as they will ansuer to God. Lykeas, incaise it shall happine any of the persones foirsaidis to doe or attempt any thing contrarie to the premiss or any pairt therof, it is statute and declaired that they shall be punished with all rigour as tratouris and commoun enymyes to the king and cuntrie. And farder, that the captanes and commanderis of the saidis castles shall bee chosene by his majestie from tyme to tyme by advyce of the estates of parliament, and that such as shall happine to be placed therin betuixt parliamentes shall be first tryed and fund be his majesties counsell to be of the qualitie above exprest, and shall have the chairge therof only to the nixt ensueing parliament, by the which they shall of new be tryed and allowed, or otherwayes his majestie shall place otheris therin by the advyce of the estates as said is, allwayes without prejudice of the Erle of Marr, his heritable right of the keeping of the castle of Stirvling.
[1640/6/56]*[print] [email] [cite] [preceding] [following]
The quhilke day the estates of parliament, presentlie conveened by his majesties speciall authoritie, ordeanes sommondis and chairges to be direct in name of the president of the parliament and estates therof for sommonding and chairging of the keeperis of the castellis of Dumbartane and Thrave to delyver and surrender the samene castles, and all that is therine, to the committie of estates appoynted to reseid at Edinburgh, within fyfteine dayes, efter they shall be chairgeit for that effect, or wtherwayes to compeir personally befoir the said committie within the saidis fyfteene dayes and shewe ane reasonable cause why they should not surrender the saidis castells, wnder the paine of treasoun. With certificatione, incaise of failyie, the saidis keeperis shall be foirfaulted, lykeas the estates of parliament grantes heirby commissione and power to the said committie for that effect incaice of failyie foirsaid.
[1640/6/57]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened by his majesties speciall authoritie, considering the priviledge and exemption bruiked by the nobilitie and barrones of this kingdome, wherby they have beene exeemed from payment of all custome for goodis imported to this kingdome for there owne wse, and therwithall taking to ther consideratione that the said exemptioun ought more especiallie to to be enjoyed for the armes brought home at this tyme to the nobility, barrones and gentry of this kingdome and all other his majesties leiges whatsoever for ther owne use for defence of religioun, liberties of this kirke and kingdome in thir tymes of troubles since the yeir of God 1637, therfor statutes and ordeanes that all sort of ammunitioun whatsoevir brought into this kingdome since the yeir of God 1637, or to be brought in heireftir dureing the tyme of thir troubles, shall be free of all customes and impositione whatsoevir, and inhibites and dischairges all customeris or whatsoevir receivers therof of exacting any custome or impositione for any kynd of armes or ammunitioun allreddie imported or to be imported dureing the tyme foirsaid, and of all arreisting or deteaneing the saidis armes and ammunitioun or any goodis belonging to the merchantis importeris therof for any custome acclamed for the same, which the estates findis nowayes due nor reasonable to be granted in the caise foirsaid.
[1640/6/58]*[print] [email] [cite] [preceding] [following]
The quhilk day the estates of parliament, presentlie conveened by his majesties speciall authoritie, findis and declaires that all the warrandis of actes of this present sessione of parliament being now subscryveit in face of parliament be Robert, lord Burghlie, president nominat be the saidis estates in absence of his majesties commissioner, shall be ane sufficient warrand to the clerkis of parliament to cause prent, extract and give furth the samene actes wnder there handis and subscriptiones.
[1640/6/59]*[print] [email] [cite] [preceding] [following]
The estates of parliament, conveened by his majesties speciall authoritie, considering the present strait and exigency menceing the ruine of this kingdome and how necessary it is for preventing therof that these who have beene the authoris or are the menteaneris and assisteris of these courses that are distructive to the liberties of this kirke and kingdome, and that aither by there false suggestiones and calumnious relationes of the estates of this kingdome and ther proceidingis to his majestie, or by there comeing in armes against this ther mother cuntrie and contributing to further our adversaries in there intendit and professed plottis and violences for the subdueing and distroying this kingdome, or by ther rysing in armes within the contrie, fortifieing and keeping of castellis and houss againest the estates, who defend the cuntrie againest all forrane invasiones and subjection, or by deserting their native cuntrie in such ane extreeme necessitie and withdraweing from them all the assistance they can, that all these and other in the lyke conditione be distinguished and censured according to the severall degrees of thair transgressioun againest the state and kingdome; therfore they grant full power and warrand to the committie which is to sit at Edinburgh for to direct in there name preceptis to the lyon king of armes and his bretheren herauldis and messingeris to pas, warne and chairge in name of the saidis estates the persones wnderwrittin and otheris whom the said committie, upon lyke probable groundis, can suspect to have beene the leising makeris and tellers and false accuseris of the states of this kingdome and ther proceedingis to the kingis majestie as seditious, rebellious and trasonable, to have beene the instigatouris, frameris and wpdraweris of the strange proclamationes and declarationes made aganest his majesties subjectis and estates, as rebellis and tratoures, or to have risine or ryse in armes and concurre with the adversaries for subdueing of this ther native cuntrie, or to fortifie, keepe or deteane strenthes or castles againest the estates of this kingdome who stand to ther covenant for defence of their religion, croune and cuntrie, or wittinglie and willinglie to withdraw ther assistance from ther mother cuntrie in this extremitie and contribut ther help and countenance to the adversaries, and all otheris who are ether authoris, abaiteris, menteiners or supplieris or airt and pairt, or have any hand in countenancing and concurring with our adversaries to the subdueing and distroying of this kingdome, and especially these that have seemed to joyne with ws and have subseryveit the covenant, for to compeire personallie one [...] at Edinburghe befor the parliament at the nixt sessioune therof, to ansuer wnto these and all other crymes of that kynd which may be laid to there chairge and that wnder the paine of treasone and forfaultrie for ther contumacy incaise of not compeirance. Lykeas the estates declaires that these proceptis, being subscryved by the preses and quorum of the committie foirsaid, shall be alse sufficient as if they ware subscryed in parliament.
[1640/6/60]*[print] [email] [cite] [preceding] [following]
The quhilke day the saidis estates of parliament, haveing red and considered the supplicatione givine in be James Arnot, merchand, makeand mentione of the satisfactioune due to be givine to him be the estates for his shipe and ordinance therof, and desyreing them to take consideratioune of the great prejudice and loise susteened be him by the deteeneing of his shipe and ordinance fra hir voyage, hes remittit and recommendit and heirby remittis and recommendis the foirsaid supplicatioune and desyre therof to the committie of estates appoynted to reseid at Edinburghe to be considerit be them.