[1641/8/45]*[print] [email] [cite] [preceding] [following]
Prayer said and rolles callit.
Rege presente.
The supplicatione presented be the Laird of Langtone conserneing his ansueres anent the wscherie to the petitione exhibit be the Erle of Lanarke, in name of James Maxwell, being red, appoyntes ane double therof to be givine to the Erle of Lanarke and ane uther to the Erle of Wigtoun, that they may be advysed thairwith; and the said Sir Williame Cockburne of Langton askit instrumentes that he was debarrit violentlie from the possessione of his place of wscherie, and protestit that the samene mycht not be prejudiciall to his right of the said place and office.
[1641/8/46]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with consent of the estates of parliament, wnderstanding that the generall assembly of the kirke heath by there speciall act made the 30 of July 1640, sessione 3, ordeaned all idolatrous images, crucifixes, pictures of Christ and all other idolatrous pictures to be demolished and removed forth and from all kirkis, colledges, chappelles and other publict places, therfor ordeanes all presbetries to take diligent tryell of all idolatrous pictures and images being within kirkis, colledges, chappelles and other publict places, and eftir tryell intimat the same first to the owneres and pairties themselves that they may remove the same. And incaise they doe neither appeill presentlie from the presbetrie in the ordinarie way to the synod and generall assembly nor remove them within the space of three monethes, then to intimat the same to all shereffis, stewartes, baillies, magistrates of burghes and regalities within the which the same shall be fund. And ordeanes them wpoun the requisitione to be mad to them by the saidis presbetries, moderator or brethren therof to raz, demolishe, abolish, cast doune or deface all these idolatrous images, pictures and other idolatrous monumentes foirsaidis, according as they shall be enjoyned and directed from the foirsaidis presbetrie from tyme to tyme, ilke ane of them within there owne boundis and jurisdictione respective except in the caise of appeallatioune foirsaid. And if the presbetries be negligent, that they be sensured by the synodis and generall assemblyes and the shereffs and other officeres foirsaidis (incaise of thair negligent) to be sensured by the secreete counsall as they shall thinke reassonable, and prohibites and dischairges all making of such images or idollis and all wpputing of the same in all tymecomeing wnder all heighest paines to be inflicted wpoun the contraveeneres thairof.
[1641/8/47]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament ratifies the tuo actes of parliament anent the escheates of excommunicat persones mad by his majesties father of blissed memorie, one therof par. 14, cap. 197, and the other par. 20, cap. 3, with the additione and declaratione falloueing: that no gifte of escheat past or to be past upon excommunicatione or horneing wpoun excommunicatione shall be valied, bot the same is declaired to have bene and to be null in all tymecomeing by way of exceptione or reply. And declaires the saidis tuo actes ratified as said is, with the additione foirsaid mad therto, to be extendit to all excommunicatioune pronunced or to be pronunced againes whatsomevir persone or persones and for whatsoevir causes. And further, his majestie and estates foirsaidis ratifies and approves the act made by his majesties father par. 16, cap. 17 anente noncommunicants everie yeir once, with this declaratione and additione: that the penalties of the contraveeneres modified in the said act be payable in all tymecomeing to the severall presbetries within the jurisdictione wherof the contraveeneres duell to be applyed by them ad pios usus, and that the said presbetries or any they appoynt shall have pouer to crave, receive and persue for the same. And further our soveran lord and estates foirsaidis, for the greater terror and the more effectuall reclameing of all excommunicat persones, declaires that all persones whatsoevir, according to the degrees and qualities mentioned in the said act lying wnder the sentance of excommunicatioune, shall be lyable to the paines and penalties therinconteened, and that yeirlie eftir the sentance of excommunicatione ay and whill they be relaxed therfrom and reconceilled to the kirke. And also declairs that the said yeirlie penalties againes excommunicat persones shall perteene to everie paroch kirke and kirke sessione in burghe or landward within ther owne boundis to be applyed ad pios wsus, and that they or any persone they appoynt shall have power to crave, receive and persue the samene, to be applyed to the pious wses of the severall paroch church sessiones wher the contraveeneres duell, and in caise of the paroche churche sessiones ther slaknes the presbetry to exact eftir the expiratione of yeir and day eftir the contraveeneing. And further declaires the donatoures to the excommunicat persones ther simple escheat and lyferent and all other intromettoures with ther goodis and geir and liveingis shall be lyable to the payment of the saidis paines and penalties in the samene maner as the excommunicat persons ar lyable themselves. And because in the said act ther is no particular penalty modified against burgess, therfor his majestie and estates foirsaidis ordeenes everie burges that beares or heath borne office of magistracy so ofte as he shall contraveene the said act to pay the soume of tuo hundreth merkis, and everie other burges the soume of fourtie pundis. And suchlyke ordeanes the saidis persones to be lyable in the saidis penalties respective not only for ther owne personall contraveeneing of the said act bot also so ofte as the samene shall be contraveened by thair wyves respective, and also so ofte as the same shall be contraveened by ther chidrine. Also they shall incurre the first pairt of the saids paines respective for everie bairne not forisfamiliat and of the age of fyftene yeir compleit, and that toties quoties they shall contraveene the said act. And suchelyke that everie servant so ofte as he shall contraveene the said act shall pay one yeirs fie toties quoties, laufull requisitione being allwayes mad to the saidis wyves, childrine and servantes by ther pastor or presbetrie to give obedience to the said act.
[1641/8/48]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, considering that one of the cheife wayes for bringing in of money into this kingdome heath beene bullione, which now for lacke of the trew manageing therof is become wnproffitable, therfor oure said soverane lord, with advyse and consent of the saidis estates, statutes and ordeanes that in tymecomeing all and everie merchand passand forthe of this kingdome with any merchandyce, or sending the same forth of this cuntrie at the customeing of the saidis goodis, shall find securitie to the customeres for importing and inbringing such quantitie and proportione of bullyone as by the laues of this kingdome is due for the saidis goodis transported by them, and shall accordinglie delyver the same and cause be delyvered to the maister of the cunyiehous, and shall receive bakeagane his majesties coyne of this kingdome, and shall make faith that the same was brought by theme from forrane pairtes or by otheres in ther name. And dischairges all payment of bullion before the hand and all pactiones mad anent bullione one with another and paying of the same with his majesties coyne or with any silver that is within the contrey allreddie, wnder the paine of doubling of the said bullione. As also, because the bullione is ordeaned to be payed to the maister of his majesties coynehous, who heath his only residence in Edinburgh, and that therby many merchantes who duell not within the said burghe will be put to great and wnnecessary chairges for a small mater of bullyeon, therfor it is statute and ordeanit and declaired that it shall be laufull to the saidis merchantes to send the same to the said maister of the coynehous, provyding he send therwith an attestatione wnder his oathe and hand if he cane writ, and wnder his marke if he cannot writ, and both before tuo subscryveing witness of magistrates or counsell of the burghes where they dwell, that the said bullione due by him was brought within this kingdome from forrane pairtes and that the same was not acquyred nor bought by him within the same.
[1641/8/49]*[print] [email] [cite] [preceding] [following]
The quhiilk day, the supplicatione and complaint givine in be the toune of Wigtoun aganes the Erle of Galloway, being red in audience of his majestie and the parliament, togidder with the said Erle his ansueres therto and replyes mad be the toune to these ansueres, the estates of parliament ordeanes lettires to be direct at the instance of either pairtie to sommond witness to compeir befor the parliament to be examinat wpon what shall be admitted to either pairties probatione, ather of the petitione or reply for the persewer, or defenss for the defender, and that upoun ther owne perrell without prejudice to both pairties of ther reassones why no witness can be examinat wpon these poyntes or why they are not relevant, and als without prejudice of the objectiones againes the witness, and assignes the tuentie thrid of this instant hinc inde to the effect abovewrittine.
[1641/8/50]*[print] [email] [cite] [preceding] [following]
The quhilk day the tuo supplicationes givine in to the parliament be Johne McCulloch of Mertoun againes Alexander, erle of Galloway, togidder with the erles ansueres produced againes the samene supplicatione, being red in audiance of his majestie and parliament, his majestie and estates of parliament ordeanes witness to be examinat hinc inde, bot prejudice and upon the conditiones to either pairtie as is set doune in the ordinance betuixt the toune of Wigtoun and the Erle of Galloway, and for this effect assignes the 23 of September instante.