5 August 1641

[Particulars to be represented to parliament regarding the gathering of monies]

Particulars to be representit to the parliament anent the getting of moneyis

1. It is representit that the auditors be continewit and thair commissioun renewit, and that some of ilk estate be appointit to considder quhat progres is maid in the compts and to report. Auditors ar appointit to meit at Seaforts hous and considder this article.

2. That order may be gevine quhairby the haill debts and burdinges of the kingdome may be knawn and drawn to ane sowme.

3. That notice be taken anent the tent and tuentie pennyes, quhat thairof is payed and wnpayed. As also anent the xl dayes lone, and the hors and foots that hes not bene put out nor payit conforme to the publict orders and anent the voluntar contributioun.

4. That notice be taken what valuatiounes ar not yet gevine in throw the kingdoms, and that some solid course and order be set downs anent the valuatiouns that the haill burdings may be equall.

5. That some orders be tane anent the rents of wnfreindes, antecovenanters and bishopes rentis.

6. It is representit to consider quhat way these wha hes moneyes sall be delt with to len thair moneyes to the publict wpoun good securitie, and that the list of the names gevine in to the comitte may be red in parliament.

7. It is also representit that the commissioners of shyres and burrowes be ordained to condiscend wpon these within thair shyres and burghes quha hes moneyes and to informe thameselves heir anent by the ministers now present at assemblie.

It is representit to the parliament as ane necessar expedient for getting in of the publict dews sick as tent and tuentie pennyes that the commissioners of shyres and burrowes salbe commandit be the parliament to requyre thair several shyres and burghes to send in thair collectors and commissioners and wtheris wha hes comissioun for melling with wnfreindis rentis and wther publict dewes, and to ordains thame to bring in thair moneyes or sick tymeous diligens as salbe thoght reassonable with sick certificatioun as the parliament sall think fitting, efter consideratioun of the diligence and as the samen salbe reportit.

Item, that tymes and dyets be appointit for this effect according to the distance and neirnes respective of the severall shyres and burghes of the kingdome.

Item, that the commissioners of shyres and burghes be ordained presentlie to declaire thair knowledge anent what publict dewes, fourtie dayes lone, voluntar contributione, hors and foots is wnpayit or wnput out, conforms to the publict orders within thair shyres and burghes; and what thai know not that thai informe thameselves with diligence and report the certantie at the dyets appointit ut supra.

It is also representit to the parliament's consideratioun the burding the publict lyes uender by the thrie regementis within the countrie and the officiars within the severall shyres, that the same may be ather licentiat of in haill or in pairt as the parliament sall think fitting, and that the moneyes be presentlie borrowed for this effect as the parliament sall appoint, and sum present course taken for getting these moneyes.

It is lykwayis to be takin to consideratioun that the haill reformeired officeris be licentiat of and present course tane for thair bygane payment.

  1. NAS, PA6/7, 'Appendix, July 24 1641'. Back
  2. NAS, PA6/4, 'August 5 1641'. Back
  3. This clause is written on the rear of the document. Back
  4. NAS, PA6/4, 'August 5 1641'. Back
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  6. Both these dated clauses are written on the rear of the document. Back
  7. NAS, PA6/4, 'August 5 1641'. Back
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  9. These three dated clauses are written on the rear of the document. Back
  10. NAS, PA6/4, 'August 5 1641'. Back
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  12. NAS, PA6/4, 'August 5 1641'. Back
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  15. NAS, PA6/4, 'August 5 1641'. Back
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  17. Both these dated clauses are written on the rear of the document. Back
  18. NAS, PA6/4, 'August 5 1641'. Back
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  21. NAS, PA6/4, 'August 5 1641'. Back
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  25. NAS, PA7/2/69. Back
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[Supplication of Lady Stormont regarding the meeting of the court of exchequer]

Supplicatioun be the Lady Stormonth

Wnto the honorabill estatis of parliament the humbill supplicatioun of Anna, wicountes of Stormonthe.

Schewing quhairas it is notour to your lordships this long tyme bygone the leiges haif wanted the benefett of excheker and therby frwstrat of confirmation of thair richtis, and I am one of that number quha is lyen out of my richtis as yett, my humble desyre to your lordships is that ye may be pleased to give warrand to the tresswrar deput and the rest of the lords of the excheker to convein and meitt for confirmeing of my richtis grantit to me be Mungo, vicount of Stormonth, my husband, at such tyme as your lordships sall think meitt. And your lordships answer humblie I expect.

5 Augusti 1641

The estaittis of parliament appointis the thesaurer depute and other lords of eschekquhair to sitt for passing the signatour abovewrittin with this declaratioune: that the samyn be nawayis prejudiciall to any man who hes bein imployed in the armie or publik affairis and service of the countrie and good caus.

Burghly, I[n] p[raesentia] d[ominorum] parl[iamenti]

  1. NAS, PA6/7, 'Appendix, July 24 1641'. Back
  2. NAS, PA6/4, 'August 5 1641'. Back
  3. This clause is written on the rear of the document. Back
  4. NAS, PA6/4, 'August 5 1641'. Back
  5. This clause is written on the rear of the document. Back
  6. Both these dated clauses are written on the rear of the document. Back
  7. NAS, PA6/4, 'August 5 1641'. Back
  8. This clause is written on the rear of the document. Back
  9. These three dated clauses are written on the rear of the document. Back
  10. NAS, PA6/4, 'August 5 1641'. Back
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  12. NAS, PA6/4, 'August 5 1641'. Back
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  15. NAS, PA6/4, 'August 5 1641'. Back
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  17. Both these dated clauses are written on the rear of the document. Back
  18. NAS, PA6/4, 'August 5 1641'. Back
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  21. NAS, PA6/4, 'August 5 1641'. Back
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  25. NAS, PA7/2/69. Back
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[Supplication of John Blair of that Ilk for the passing of his gift through the exchequer]

Supplication Laird of Blair

My lordis and utheris of the estaites of parliament, unto your lordis humelie meanis and shawes I, your servitour Johnne Blair of that Ilk, and my curatours for thair enteresis, that quhair ever since the deceis of umquhile Sir Bryce Blair of that Ilk, my father, I have bene attending and reddie to have componed with his majesties thesaurer principall or deputie for the gift of my ward and mariadge vaikand in his majestis handis be my fatheris deceis, quhilk hes not yit bene gotten done be ressoune of the absence of his majesties thesaureris forth of this kingdome. And sieing Sir James Carmichaell, his majesties thesaurer depute, is now present and that it is notour to many of your lordis number that my umquhile father and guidsir contracted seiknes quhairof thei died in your imployment in the publict bussines, and that the longer delaying of the passing of the said gift may prove hurtfull and prejudiciall to me, heirfoir I humelie beseik your lordis to give command and warrand to the said Sir James Carmichaell, his majesties thesaurer depute, to conveane the lordis and utheris of the exchequhair and to pas and exped in my favours the gift of my ward, nonentres and mariadge upoun the payment of ane reasounable composition thairfoir according to justice and equitie. And your lordis answer humblie I beseik.

5 Augusti 1641

Producit be the Laird of Gatgirth.

Quinto Augusti 1641

The estaittis of parliament, inrespect of thair certaine knawledge of the veritie of the within written supplicatione, finds the desyre thairof reasonable and ordaines the gift to be past gratis, conforme to the act of parliament, and ordanes the clerk to give furth the dowble heirof under his hand gif need beis.

Burghly, I[n] p[raesentia] d[ominorum] parl[iamenti]

  1. NAS, PA6/7, 'Appendix, July 24 1641'. Back
  2. NAS, PA6/4, 'August 5 1641'. Back
  3. This clause is written on the rear of the document. Back
  4. NAS, PA6/4, 'August 5 1641'. Back
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  6. Both these dated clauses are written on the rear of the document. Back
  7. NAS, PA6/4, 'August 5 1641'. Back
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  10. NAS, PA6/4, 'August 5 1641'. Back
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  12. NAS, PA6/4, 'August 5 1641'. Back
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  15. NAS, PA6/4, 'August 5 1641'. Back
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  18. NAS, PA6/4, 'August 5 1641'. Back
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  21. NAS, PA6/4, 'August 5 1641'. Back
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  23. Illegible. Back
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  25. NAS, PA7/2/69. Back
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[Supplication of Robert Muir of Caldwell for the passing of his signature through the exchequer]

Supplicatioune be the Laird of Cauldwall

My lordis and wthaires of the estaitis of parliament unto your lordships humblie meines and schawis I, your servitour, Robert Mure of Caldwall, and my curatours heir present for thair entresis, that quhair my umquhill father contractit seiknes in the publict service quhairof thairefter he deceist and pairtit this lyfe, heirfoir maist humblie beseikis your lordships that your lordships wilbe pleaseit to give ordour to the thesawrer deput and remanent lordis of the excheker to pas the signator presentit unto me and to my freindis heir present, in my name, of the gift of my waird and mariage. And that upon such ressonabill compositiounes as your lordship sall think expedient.

24 July 1641

Red and considerit.

5 August 1641

Producit be the Laird of Gatgarth.

Quinto Augusti 1641

The estaittis of parliament, inrespect of thair certaine knowledge of the veritie of the withinwritten supplicatione, finds the desyre thairof reasonable and ordanes the giftis to be past gratis, conforme to the act of parliament, and ordanes the clerk to give forth the dowble heirof under his hand gif neid beis.

Burghly, I[n] p[raesentia] d[ominorum] parl[iamenti]

  1. NAS, PA6/7, 'Appendix, July 24 1641'. Back
  2. NAS, PA6/4, 'August 5 1641'. Back
  3. This clause is written on the rear of the document. Back
  4. NAS, PA6/4, 'August 5 1641'. Back
  5. This clause is written on the rear of the document. Back
  6. Both these dated clauses are written on the rear of the document. Back
  7. NAS, PA6/4, 'August 5 1641'. Back
  8. This clause is written on the rear of the document. Back
  9. These three dated clauses are written on the rear of the document. Back
  10. NAS, PA6/4, 'August 5 1641'. Back
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  12. NAS, PA6/4, 'August 5 1641'. Back
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  15. NAS, PA6/4, 'August 5 1641'. Back
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  17. Both these dated clauses are written on the rear of the document. Back
  18. NAS, PA6/4, 'August 5 1641'. Back
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  21. NAS, PA6/4, 'August 5 1641'. Back
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  25. NAS, PA7/2/69. Back
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[Supplication of Ludovic Chisholm of Cromlix for the passing of his gift through the exchequer]

Supplication laird Cromlix

My lords and uthairs of the estaits of parliament, unto your lords humblie meanes and schawis I, your lordships servitour, Ludovik Chisholme, appeirand of Cromlix, onlie lawfull son and appeirand air of umquhill James Chisholme of Cromlix, my father, that quhair be ane act of this currant parliament it is statut and ordanit that quhasoever sould happen to deceis in the publik service and during the tym thairof, thair eldest son sould have thair waird and mariage grantit and conferrit to thame or ony of thair friends quhom they sould nominat to thair behove, and that gratis without any compositioun. And trew it is that the said umquhill James Chisholme, my father, being imployit in the publict service, wes maid captain of ane foott companie in my Lord Drumounds regiement and continewit captane thairin quhill his deceis, lykas my said umquhill father being in the said service at Newcastell contractit sieknes and deceist at Kelso, and thairfore I sould have the benefeit of the said act conferrit on me to have my waird and mariage grantit to my behove, gratis, without ony compositioun. And becaus Sir Ludovik Houstoun of that Ilk, my gudsir, is on of my narrest freinds and is tutour testamentar nominat to me be my said umquhill fathair for reulling of my estait and effairs during my pupillaritie, and so is on most confident in quhais name my said gift of waird and mariage may be grantit to my behove, heirfore I beseik your lordships to have consideratioune of the premisis and to recommend the passing of ane gift of my waird and mariage to his majesties thesaurer deput to be past in excheker to my behove, gratis, without any compositioun, conform to the tenour of the foirsaid act of parliament. And your lordships answer.

5 August 1641

Produced be the Laird of Houstoune.

Quinto Augusti 1641

The estaittis of parliament, inrespect of thair certane knowledge of the veritie of the withinwritten supplicatione, finds the desyre thairof reasonable, and ordaines the gift to be past gratis, conforme to the act of parliament, and ordaines the clerk to give forth the dowble heirof under his hand gif neid beis.

Burghly, I[n] p[raesentia] d[ominorum] parl[iamenti]

  1. NAS, PA6/7, 'Appendix, July 24 1641'. Back
  2. NAS, PA6/4, 'August 5 1641'. Back
  3. This clause is written on the rear of the document. Back
  4. NAS, PA6/4, 'August 5 1641'. Back
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  7. NAS, PA6/4, 'August 5 1641'. Back
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  10. NAS, PA6/4, 'August 5 1641'. Back
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  12. NAS, PA6/4, 'August 5 1641'. Back
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  15. NAS, PA6/4, 'August 5 1641'. Back
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  18. NAS, PA6/4, 'August 5 1641'. Back
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  21. NAS, PA6/4, 'August 5 1641'. Back
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  23. Illegible. Back
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  25. NAS, PA7/2/69. Back
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[Supplication of the town of Edinburgh regarding their jurisdiction in the trial of Mr Thomas Lamb]

Supplicatiounes Lord Constable of Scotland and the toun of Edinburgh, with the parliament's delyverance thairupoun 5 Augusti 1641

My lordis of parliament, unto your lordships humblie meynis we, your lordships servitors, the proveist and baillies of Edinburgh, that quhair upone the first day of August instant Maister Thomas Lamb, minister at Kirkurde, was brocht within our town of Leith about nyne houres at nicht by certan persounes who had taiken and apprehendit him as guiltie of the slauchter of umquhill Johnne Tittop, committit be him neir to our said toun of Leith, and wes immediatlie incarcerat within the tolbuith of Leith whair he remaynit till Mononday at tua houres efternoone; and frome thence we transported him to the tolbuith of Edinburgh, being of purpose to have putt him to the knawledge of ane assyse as haveing committed the same slauchter within the bounds and shirrefdome of Edinburgh and liberties thairof, or within the bounds of oure regalitie of Brochtoun. Bot we, haveing taiken tryell and inquirie of the plaice wher the said slauchter wes committed and haiveing fund the samen to have bein doone within the corne riggis of the barronie of Restalrig, whilk is nowayis within the bounds of oure shirrefdome of Edinburgh nor liberties thairof, nor within the said regalitie of Brochtoun, we abstein frome putting of him to the knawledge of ane assyis and retenis him in waird till he wer callit before the justice generall or his deputtes and putt to his tryell before thame. And now latelie we have ressavit ane chairge frome the Erle of Erroll and the Erle of Kingorne, his tutor, to exhibite the said Maistir Thomas upone the persute of ther procurator fiscall to tholl the law within oure said tolbuith of Edinburgh, quhilk we can not nor may not doe without oure gritt prejudice, seing ther is ane questioun depending betuixt the constable and ws anent the richtes and liberties of the said constabularie within the bounds of our said shirrefdome, liberties therof and regalitie foresaid. Heirfore we humblie entreat your lordship to tak the premissis to your serious consideratioun, and to give ordour to the justice generall and his deputtis to proceid and minister justice upone the said Maistir Thomas, to whome we sall be readye to exhibite him within oure said tolbuith. And if that sall pleis your lordship, to give warrand to anye uthers and especiallie to the constable that the same may be declared that it sall be without dirogatioun to anie of oure liberties and without acknowledging be ws of onie richt or priviledges quhilk the said constable hes to judge within any pairt of oure bounds and liberties foresaid, or to chairge ws to exhibite anie persoun within any of our tolbuithes or wairdhousis, protesting alwayes (lyik as we be thir presents protestis) that whatsumever sall be done anent the premissis sall be without prejudice of oure richtes and liberties in maner foresaid.

Tertio Augusti 1641

Petition of the toune of Edinburgh red in audience of the parliament. Continewis quhill the morne. The deliverance given up to the notor public.

  1. NAS, PA6/7, 'Appendix, July 24 1641'. Back
  2. NAS, PA6/4, 'August 5 1641'. Back
  3. This clause is written on the rear of the document. Back
  4. NAS, PA6/4, 'August 5 1641'. Back
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  7. NAS, PA6/4, 'August 5 1641'. Back
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  10. NAS, PA6/4, 'August 5 1641'. Back
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  12. NAS, PA6/4, 'August 5 1641'. Back
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  15. NAS, PA6/4, 'August 5 1641'. Back
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  18. NAS, PA6/4, 'August 5 1641'. Back
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  21. NAS, PA6/4, 'August 5 1641'. Back
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  25. NAS, PA7/2/69. Back
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[Supplication of the lord constable regarding his jurisdiction in the trial of Mr Thomas Lamb]

Lord Constabillis bill

My lordis and uthairs of the estaits of parliament, unto your lordships humblie meanes and schawis Gilbert, erle of Erroll, heiche constabill of Scotland, and Johne, erle of Kingorne, my tutour testamentar for his intres, that quhair we being informet of the laitt slauchter or murthere of umquhill Johne Tutop in Leith committit be Maistir Thomas Lamb, sumtym a preacher, upon the first day of August instant, being Sunday at even, we, as heich constabill, be vertew of oure office and conform to oure richts and priviledges, directit furth precepts and thairwith causet chairge the said Maistir Thomas Lamb to compeir befoir ws and oure deputs, ane or mae conjunctlie or severallie, in ane justice court to be holden be us within the tolbuth of Edinburgh upon the thrid day of August instant to underly the law for the said cruell murther and slauchter. And lykwayis causet chairge the proveist and baillies of Edinburgh to exhibeit and produce the said Maistir Thomas Lamb befor us in the said justice court to the effect foirsaid, he being in thair prissoun and wairdhous. And haveing causet chairge ane inqueist to pase upon his assyse, and accordinglie convenit in judgement and fenset and holden ane court for doing justice in the said mater as being onlie proper judges thairto, being a slauchter comittit neir the heiche court of parliament; and haveing callit the said Maistir Thomas, delinquet, to appeir, and the saids proveist and baillies to exhibeit and produce him befor us as they wer chairget and requyret thairto, and they haveing failyeit thairin, compeirit personallie Sir Johne Hamilton of Prestoun and Maistir William Hog, advocat, quha producit ane power subscryvet be the said Maistir Thomas for thame to appeir for him and in his name befor ws, beiring his willingnes and reddienes to enter on pannell, conform to the chairge gevin to him for that effect. But inrespect he wes incarcerat within the tolbuith of Edinburgh and detenit thairin be quhat warrand we know not, he could not appeir personalie, so that it appeirs the saids proveist and baillies of Edinburgh hes neglectit and contemned the chairge gevin to thame in maner foirsaid, quhairby justice is frustrat, his majesties auctoritie wrongit and I, as heich constabill of Scotland, prejudget and wrongit in my office, richt and privieledge in judgeing of the said fact. Heirfore we humblie beseik your lordships to have consideratioun of the premisis and to give expres ordour and warrand be thir presents to a messengur of airmes or maisser to command and chairge the saids proveist and baillies of Edinburgh to exhibeit and produce the said Maistir Thomas Lamb, delinquent, befor us and our deputs, ane or ma conjunctlie or severallie, in the justice court to be holden be us as constabill foirsaid or be our deputs, ane or ma, upon the fyrst day of August instant in the hour of caus and at all uthair dyets to be appoyntit and affixt be us in the said mater or in any uthair of that kynd as the samyn sall happin to fall out. And your lordships answer.

Tertio Augusti 1641

Red in audience of the parliament.

Quinto Augusti 1641

The estaittis of parliament, efter reiding of this supplicatione, togidder with some remonstrances heirwith produced be the Erle of Erroll, ordanes the provest and baillies of Edinburgh to exhibite the withinwritten delinquent befoir the constable or his deputtis, ane or mae, to the effect withinmentionate, but prejudice alwayis of the Erle of Erroll or towne of Edinburgh their rightis or priviledgis provt de jure. And ordaines the clerk to delyver to ather pairtie the dowble of this supplicatioune with this delyverance thairof, togidder with the dowble of the remonstrance heirwith exhibite be the Erle of Erroll, subscryved under his hand.

Burghly, I[n] p[raesentia] d[ominorum] parl[iamenti]

  1. NAS, PA6/7, 'Appendix, July 24 1641'. Back
  2. NAS, PA6/4, 'August 5 1641'. Back
  3. This clause is written on the rear of the document. Back
  4. NAS, PA6/4, 'August 5 1641'. Back
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  7. NAS, PA6/4, 'August 5 1641'. Back
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  10. NAS, PA6/4, 'August 5 1641'. Back
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  12. NAS, PA6/4, 'August 5 1641'. Back
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  15. NAS, PA6/4, 'August 5 1641'. Back
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  18. NAS, PA6/4, 'August 5 1641'. Back
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  21. NAS, PA6/4, 'August 5 1641'. Back
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  23. Illegible. Back
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  25. NAS, PA7/2/69. Back
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[Remonstrance of the lord constable to the parliament regarding the jurisdiction and privileges of his office]

Remonstrance for the lord constable to the parliament

The humble remonstrance of the Erle of Erroll, heigh constable of Scotland, wnto the supreme court of parliament now conveined.

It is in all humilitie represented wnto the estates of parliament that if thair wer any necessitie for the lord constable at this tyme to dispute his rightis and priveledges dew to that office, or if any member of the parliament did doubt or wer not acquented with the saidis priviledges, it weld be maid cleirlie to appeir that the lord constable is only supreme judge in all matters of ryot, disordor, blood and slaughter committit within four myles of the kingis royall persone, parliament or counsell, representing the auctoritie royall in his majesties absence. And the proveist and baillies of that burghe and all uthairs judges quhair the saidis facts ar committit ar obleist to ryse and concurre and mak thair tolbuithes patent for resaveing of malefactours and, particularly, this might be maid appeir by bandis maid be the towne of Edinburgh to the lord constable concerning that purpose. Lykas the constable hes diverse decreits againes the towne of Edinburgh in foro contradictorio dischargeing them from censureing of any matteris of slaughter, blood or ryot within four myles of his majesties persone, parliament or counsell.

Item, the lord constable hes the chairge, trust, keiping and guarding of the kingis royall persone and of the parliament hous quhair the estaites and peires of the land ar conveined in tyme of parliament, with many wther priviledges dew to that place. Bot seing thair is no necessitie to dispute any rycht or priveledge dew to that office at this tyme, the samyn being notour to the estaites of parliament, the constable abstenes and desires not to be drawin to any wnnecessar dispute heiranent, bot in all humilitie represents to the parliament that, seing the lord constable is ane of the pryme officers of the crowne, the mantaneing and vindicating of his power and priviledges does verie neirly concerne the honor of the natioun and the estates of the kingdome as being a place of such trust and eminencie, quhairin the constable, being a servand to his majestie and the parliament, they ar obleist to protect and mantene the priveledges of that service. And seing the towne of Edinburghe confesses in thair awin bill that they have nor pretendis no entres in the matter now contravened concerneing Maister Thomas Lambe, inrespect it is graunted be the towne of Edinburgh in their awin bill that the fact was committed without their boundis and liberties, it is humblie desired that the lord constable may have warrand to proceid to the tryall and punisheing of that slaughter committit be the said Maistir Thomas as the only competent judge thairto, seing it is wncontravertable that the power of all magistrats, athair of royaltie or regalitie in crimenall causis, sleipes and ceids to the lord constables jurisdictioun in tyme of parliament. And it wer a great derogatioun to the honor of the kingis majestie and parliament if any inferiour judge should have the power of cognosceing and jurisdictioun in matters crimenall, quhair his majesties persone, parliament or supreme counsell sittis, becaus these supreme judicatories represents his majesties awin persone and the bodie of the kingdome owir quhom no inferiour judge should have power of jurisdictioun. Nather should the towne of Edinburgh be admittit to appeir or have athair any declaratioun or protestatioun in thair favours, seing in the particular now contraverted they confes they have no entres as said is, inrespect the towne of Edinburgh graunts that the slaughter was committed upon boundis which is without their jurisdictione and liberties.

5 Augusti 1641

Produced be the Earle of Erroll and red in parliament and answered upoun the supplicatione thairwith exhibited.

  1. NAS, PA6/7, 'Appendix, July 24 1641'. Back
  2. NAS, PA6/4, 'August 5 1641'. Back
  3. This clause is written on the rear of the document. Back
  4. NAS, PA6/4, 'August 5 1641'. Back
  5. This clause is written on the rear of the document. Back
  6. Both these dated clauses are written on the rear of the document. Back
  7. NAS, PA6/4, 'August 5 1641'. Back
  8. This clause is written on the rear of the document. Back
  9. These three dated clauses are written on the rear of the document. Back
  10. NAS, PA6/4, 'August 5 1641'. Back
  11. This clause is written on the rear of the document. Back
  12. NAS, PA6/4, 'August 5 1641'. Back
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  14. This clause is written on the rear of the document. Back
  15. NAS, PA6/4, 'August 5 1641'. Back
  16. This clause is written on the rear of the document. Back
  17. Both these dated clauses are written on the rear of the document. Back
  18. NAS, PA6/4, 'August 5 1641'. Back
  19. This clause is written on the rear of the document. Back
  20. This clause is written on the rear of the document. Back
  21. NAS, PA6/4, 'August 5 1641'. Back
  22. This clause is written on the rear of the document. Back
  23. Illegible. Back
  24. This clause is written on the rear of the document. Back
  25. NAS, PA7/2/69. Back
  26. This clause is written on the rear of the document. Back
[Supplication of the synod of Galloway for trial of Thomas MacKie and commission to the Earl of Galloway]

Supplicatioun the synod of Galloway contra Thomas McGhie, with ane commissioun to the Erle of Gallaway to apprehend Thomas McKie

The supplicatioun of the synod of Galloway to the commissionar, his grace, and remanent members of this reverend assemblie.

Wnto your reverend and godlie wisdomes humblie complaines and showis we, the ministers and rueling elders, commissioners from the presbytries of Galloway, that whereas there was ane complaint made be the presbytrie of Wigtoun unto the synodall assemblie of Galloway holdin in October 1640 of the insolent and barbarous behaviour of Thomas McKie, late clerk of Wigtoun, a noncovenanter and infamous man, for falshood and perjurie, who was sentenced be the counsell to be banished the kingdome, showing that though the civill magistrate miskend him, yet it was incumbent to them to presse the kirk discipline. And because they urged his repentance for his forsaid sinne and wickitnes, he railed against them with most odious and barbarous speeches and threatned to come to the presbytrie and call them all false knaves to their faces, to cutt their beards, to putt a whinger in some of them and to putt a pair of bulletts in them, although he should be takin to the crosse and hangit for it, as himself confessed before the presbytrie when the minister of the toune accused him for it. Upon whilk complaint of the said presbytrie, the synod concludit ane act ordaining Maistir Johne McClellane, their moderator, to be informed be the presbytrie of Wigtoun of the particular passagies and maner of the said Thomas McKie his insolent behaviour towards them; and upon their informatioun, to supplicate the committe of estate for the repressing and correcting of the samyne. The executioun of quhilk act, though it was delayed upon hopes of the said Thomas, his amendement, yet at the nixt synod holdin in Apryll last it was renewed againe and ordained to be putt in executioun, the presbytrie still fynding him unwilling to make satisfactioun and daylie more and more disturbing them in medling with the affairs of the kirk and secretlie stirring up and informing scandalous persons to crosse the discipline thairof; as also that he imployed himself bussilie be his malicious calumnies in incenseing some personages of great note and auctoritie against the brethrein of the ministrie, to their great greife, contempt of their ministrie and disturbance of their peace and comfort in the exercise of their calling. For repressing of quhilk intollerable insolencies, the said Maistir Johne McClellane, who was ordained to complaine of him in name of the synod as said is, with advyse of the rest of the commissionars of Galloway and others of the ministrie and ruleing elders heir present, can fynd no remedie so readie or so forcible as to supplicat this reverend assemblie for thair concurrence in recommending unto the honorable estates of parliament the consideratioun of the said Thomas his behaviour to the presbytrie. Heirfore oure humble supplicatioun unto your reverend and godlie wisdomes is that ye will supplicate the parliament for us that they wold be pleased to take such a course with the said Thomas McKie be order of law and thair auctoritie, that his barbarous insolencies may be repressed and the said presbytrie of Wigtoun secured in the peaceable exercise of their ministrie and their calling vindicate from the contempt of such ane infamous persone who is under the sentence of banishment. And your wisdomes answer we most humblie crave.

Quinto Augusti 1641

This supplicatione being represented to the parliament be the commissioners from the assemblie and red in thair presence, they appoint the Erle of Galloway to apprehend the said Thomas McKie and sist him befoir thame betuix and this day fyftene dayis. And ordanes ane commissione to be graunted to the said erle or any otheris quhom he shall appoynt for this effect, to be subscryved be the president.

Burghly, I[n] p[raesentia] d[ominorum] parl[iamenti]

  1. NAS, PA6/7, 'Appendix, July 24 1641'. Back
  2. NAS, PA6/4, 'August 5 1641'. Back
  3. This clause is written on the rear of the document. Back
  4. NAS, PA6/4, 'August 5 1641'. Back
  5. This clause is written on the rear of the document. Back
  6. Both these dated clauses are written on the rear of the document. Back
  7. NAS, PA6/4, 'August 5 1641'. Back
  8. This clause is written on the rear of the document. Back
  9. These three dated clauses are written on the rear of the document. Back
  10. NAS, PA6/4, 'August 5 1641'. Back
  11. This clause is written on the rear of the document. Back
  12. NAS, PA6/4, 'August 5 1641'. Back
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  15. NAS, PA6/4, 'August 5 1641'. Back
  16. This clause is written on the rear of the document. Back
  17. Both these dated clauses are written on the rear of the document. Back
  18. NAS, PA6/4, 'August 5 1641'. Back
  19. This clause is written on the rear of the document. Back
  20. This clause is written on the rear of the document. Back
  21. NAS, PA6/4, 'August 5 1641'. Back
  22. This clause is written on the rear of the document. Back
  23. Illegible. Back
  24. This clause is written on the rear of the document. Back
  25. NAS, PA7/2/69. Back
  26. This clause is written on the rear of the document. Back
[Supplication of Sir James Baillie of Lochend]

Supplicatioun Sir James Baillie

Unto the honorable members of the heigh court of parliament of this kingdome, humblie sheweth your lordships humble servitor Sir James Baillie of Lochend, knycht baronet, sone and are to umquhile Sir Gideon Baillie of Lochend, knycht baronet, my father, that quhair it is not unknown to the haill kingdome that my said umquhile father being upoun the publict service in defence of the cuntrey and being at Dunglas upoun the 29th of August 1640 yeires in company and undir the commandement of the umquhile Erle of Hadingtowne, colonel for Eist Lauthiane, in that lamentable accident of Dunglas the said umquhile Sir Gideon Baillie wes deadlie wounded and hurt so that within few dayes thaireftir he deceast of the saidis woundis. And seing by ane express act of that sessioun of this present current parliament haldin in Junii 1640 it is declarit that the benefit of the waird, mariage, nonentres and releiffe of all such persones as shall happin to be killed in the defence of the religioun, lawes and liberties of this kingdome dureing the tyme of the troubles thairoff shall only pertene and be disponit and given friely in favouris of the aires, relict and bairnes of these quha shall happine sua to be killed in maner specifit in the said act; lykas by diverse preceiding acts of parliament and ancient lawes of this kingdome it is ordained that the waird, mariage, releiffe and nonentres of these quha shalbe killed or deceis in the armies and hostis raisit for defence of the cuntrey or beis hurt to death or taks seiknes in the armie and dies in the said seiknes, ganging thairto, remaneing thairat or returning thairfra, or who getis deadis woundis in the armie and of the saidis woundis thaireftir dies, shalbe disponed friely in favouris of thair aires, relict and bairnes and that thair aires shall enter to thair lands holding few or ony wthair way without doubling of thair fewdewtie or payment of any wthair compositioun for thair said entrie. And lykwayes it is statute that thair aires and successors shall bruik the benefit of thair possessiones, taks and lyfrent rychtis for the space of fyve yeires nixt eftir the deceis of thair saids predicessoris. Quhilks actis of paliament and everie ane of them are extendit alsweill to vassells and possessouris halding landis of the kingis majestie as of any wthair superior and owir lord, spirituale or temporal, as planely doth appere by the forsaid act in Junii 1640 and be the 41, 42 and 43 act of the 2 parliament of King James the Sext. Item, be the 4, 5 and 6 acts of the 3 parliament of Quene Mary, as also be the 3 and 4 actis of the 2 parliament of King James the 5 and be the 102 act of the 7 parliament of King James the 4 and many wthair laudable actis introducit in favouris of such as dies in the defence and service of the kingdome. And seing my said umquhile father deceast in the defence of his cuntrey in maner forsaid, thairfor my humble petitioun is that it may be found and declarit by act and decreet of parliament that the benefit and profeit of my waird, mariage, releiff and nonentries and failzeing of me be deceis unmaried the waird, mariage, releiffe, nonentres of the nixt lauchfull air or aires succeeding to my said umquhile father may and should be disponit friely to ws and that we may have frie entrie to owr landis holdin waird, few or any wthairwayes without payment of any double of the few dewtie or wthair compositioun for the said entrie. And that it may be declarit that thair is and shalbe fyve full yeires and cropts added to all lyfrent rychtis and tackis standing in my said umquhile fatheris persone, and quhilkis wer shortened be reasone of his deceis in maner forsaid. And that I and the remanent children, aires and relict of the said umquhile Sir Gideon Bailie aucht to enjoy and have the benefeit of the saidis haill former actis of parliament and everie ane of them inrespect he died in the publict service as said is, and that ane full and ample act of parliament may be extendit heirwpoun.

Quinto Augusti 1641

The estaittis of parliament, inrespect of thair certaine knowledge of the veritie of the withinwritten supplicatione, finds the desyre thairof reasonable and orders the gift to be past gratis, conforme to the act of parliament, and ordanes the clerk to give forth the dowble heirof undir his hand gif neid beis.

Burghly, I[n] p[raesentia] d[ominorum] parl[iamenti]

  1. NAS, PA6/7, 'Appendix, July 24 1641'. Back
  2. NAS, PA6/4, 'August 5 1641'. Back
  3. This clause is written on the rear of the document. Back
  4. NAS, PA6/4, 'August 5 1641'. Back
  5. This clause is written on the rear of the document. Back
  6. Both these dated clauses are written on the rear of the document. Back
  7. NAS, PA6/4, 'August 5 1641'. Back
  8. This clause is written on the rear of the document. Back
  9. These three dated clauses are written on the rear of the document. Back
  10. NAS, PA6/4, 'August 5 1641'. Back
  11. This clause is written on the rear of the document. Back
  12. NAS, PA6/4, 'August 5 1641'. Back
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  15. NAS, PA6/4, 'August 5 1641'. Back
  16. This clause is written on the rear of the document. Back
  17. Both these dated clauses are written on the rear of the document. Back
  18. NAS, PA6/4, 'August 5 1641'. Back
  19. This clause is written on the rear of the document. Back
  20. This clause is written on the rear of the document. Back
  21. NAS, PA6/4, 'August 5 1641'. Back
  22. This clause is written on the rear of the document. Back
  23. Illegible. Back
  24. This clause is written on the rear of the document. Back
  25. NAS, PA7/2/69. Back
  26. This clause is written on the rear of the document. Back