Quadragesimo die huius sessionis parliamenti
[1641/8/106]*[print] [email] [cite] [preceding] [following]
Prayer said and rolles callit.
Rege presente.
Our soverane lord and estates of parliament ratifies and approves the subscryved supplicatione laitlie givine in to the presbetrie of Irving be the freendis of the house of Boyd and the heritoures and inhabitantes of the parochine of Killmarnok, with consent of umquhill Maister Michaell Wallace, there then minister, craveing that the said presbetrie, in regaird of the spaciousnes of the said paroche, would appoynt certane of ther nomber to goe throw the boundis thairof and designe some commodious place for building of ane new kirke, and designe the landis for making wp of ane paroch to the said new kirke, and declaireing that the stipend for the minister serveing the cure at the said new kirke shall be tane off the land designit for the said new paroch, with the said presbetrie of Irweing, ther allowance of the foirsaid supplicatione and ordinance givine to Maister William Russell, moderatour, Maister Johne Bell, Maister Williame Lindesay, Maister Hew McKaill, ministeris, Robert Montgomerie, laird of Haisilhead, William Dunlope, laird of Craige, reuling elderis of the said presbetry, for making of the foirsaid designatione of the said new paroche, togidder with the designatione and divisione made be them conforme therto, off the dait at Eldersfleete in Rosfinnicke, the therteene day of July lastbypast, quhairby they, eftir surveying the boundis of the said paroche of Killmarnoke and taking of all other tryell and informatione in the said mater, have with the advyce of the speciall heritouris, parochineres and otheres present designit the landis falloweing, viz: the landis of Pollikellie belonging to the Laird of Cunynghamehead; the landis of Polruskane, the Well, Tannochecreighe, Haghouse, Breirbuss, Doun, Sternohall apperteaneing to the Laird of Rouallane; the landis of Tipperhill, Aikinhead and Stonypeth perteaneing to the Laird of Craufardland; the ten pund land of Raith belonging to the lord Loudoun and sewere therin; the tuentie pund land of Hershewemure belonging to the Lord Boyd, with the remanent haill landis lyand above these befornamed, whilke ware formerlie within the old parochine of Killmarnock, with the inhabitantes of the same, to be the boundis and congregatione of the said new kirke to be buildit in the wper pairt of the said paroche of Killmarnok; and als have designit that pairt of the Alderfleet of the landis of Rosfinnicke apperteaneing to the Laird of Lochrige, quhilke they have particularlie designit by seting wpe meithes, as the most commodious pairt wher the said new kirke and kirkeyaird shall be situat and for the gleibe and manse adjacent thairto in all and sindrie heidis, clauss, articles and conditiones thairof, eftir the formes and tennors of the samene in all poyntes, and with the provisiones, declarationes and conditiones respective contenit in the foirsaid subscryved supplicatioune, allowance and designatione abovementionat, declairing heirby that this present ratificatione shall be alse valied and sufficient in all respectis as if the forsaid supplicatione, allowance, ordinatione and designatione foirsaid falloweing therupon wer specially and at lenth ingrost heirintill, quhairanent his majestie and estates hes dispensit, and be thir presentes dispenss for evir. And sicklyke our said soverane lord and estates of parliament, in respect of the premiss abovespecifeit and of ane act of the late generall assembly at Edinburghe the fyfte of August lastbypast, recommending to this parliament the desyre of the saidis supplicantes for erecting the foirsaid new kirke, hes erected and erectes the foirsaidis particulare landis, roumes and otheres before rehearsit lyand and perteaneing respective as is abovedesignit in ane severall and distinct parochine be itselfe, and to be callit the new kirke of Killmarnocke now and in all tymecomeing, and the inhabitantes, tennentes and induelleres, asweel heritoures as other possessoures of the saidis landis, to be the parochiners of the samene new kirke and parochine, and ordeanes them as parochineris therof to resort and repaire to the forsaid new kirke, to be biggite wpoun the place befor designit, as to thair owne paroch, kirke and as parochineres thairof. Quhilke ratificatione and erectione of the foirsaid new kirke our soverane lord and estates of parliament declaires is and shall be allwayes but prejudice to the Lord Boyd, his aires and successores of the right of patronage of the forsaid haill kirke and parochine of Killmarnoke, both auld and new parochineres thairof, who and his successoures are heirby declaired as patrones of the whole old parochine of Killmarnoke to have the onlie reight of presentatione of ministers both to the old kirke and parochine of Killmarnoke and to the forsaid new erected kirke abovespecifeit, as the samene or any of them shall happine to waike, and that the present minister at the old kirke of Killmarnoke and his successoures are and shall be onlie titulares of the whole teyndis of the parochine of Killmarnoke, asweell old as new parochines thairof, and the minister at the said new kirke be his presentation and admissione to the cure and functione thairof shall only have right to the modified stipend to be provydit to him and his successoures for the service of the cure of the foirsaid new kirk. Lykas also it is declaired that the foirsaid ratificatione and erectione of the new kirke abovespecifeit is and shall be lykewayes but prejudice to the said Lord Boyd of his takes and rightes of the teyndis of the said parochine of Killmarnoke and of the wther takis and rightes floweing therfra to the wtheres heritoures of the samene parochine for the teyndis of ther landes thairinementionat, or quhilkes are or hes beene set and granted to the Lordis Boyd or wther heritoures foirsaidis be the present or preceeding ministeres of Killmarnoke of the teyndis of the foirsaidis landes wherof the said new kirke and kirke and parochine is nowe erected as said is; and that the gressumes dewe to the Lord Boyd be his takismen shall nowayes be affected by the provisione of the new kirke bot pro ut de jure; and ordeanes the samene new kirke to be, and to be repute and holdine in all tymecoming, ane distinct and severall paroche kirke and parochine to be callit the Newkirke and parochine of Killmarnocke.
[1641/8/107]*[print] [email] [cite] [preceding] [following]
The quhilk day, anent the supplicatione givine in to the parliament be Hector Bannatyne of Kames, makeand mentione that he being appointed commissioner to this parliament for the sherifdome of Bute, trewe it is that Ninian Stewart of Askoge intentit actiones aganes him befor the commisseres of Edinburgh for reduceing ane decreet obtenit be the said Hector againes him befor the commisseres of the yles, quhairintill the commissares of Edinburghe hes givine decreit of reductione againes the supplicant, and therfor desyreing to be reponit againes that decreet of reductione and the same to be declaired null, as the said supplicatione in it selfe proportes. Quhilke supplicatione being this day publiclie red in open parliament in audience of the kingis majestie and estates of parliament, and the desyre thairof foirsaid considerit be them, his majestie and estates of parliament findis the desyre abovementionate of the said supplicatione ressonabill and, thairfore findis the decreit abovewrittin null and repons the supplicant againes thesaid decreet as if the samene had never bene givine.
[1641/8/108]*[print] [email] [cite] [preceding] [following]
The quhilk day the kinges majestie and estates of parliament grantes dispensatione to the justice and his deputis to sit and hold courtes upoun Arthur Campbell for the slaughter of umall Mungo Watsone, quhairanent his majestie and estates dispenss.
[1641/8/109]*[print] [email] [cite] [preceding] [following]
The quhilk day the kingis majestie and estats of parliament grantes commissione to the Lord Lindesay Couper and Forrester for the nobility; the lairdes of Kinhilt, Cesnock and Moncreefe for the barones; and the comissioneres of Dumbartane, Bamffe and Air for the burrowes, or any fyve of them, to examine the witness producit be Williame Cunynghame of Poltoun againes Alexander, erle of Galloway for proveing of the complaint conteaned in the supplicatione givine in be the said Williame Cunynghame againes the said erle.
[1641/8/110]*[print] [email] [cite] [preceding] [following]
The quhilk day the kingis majestie and estates of parliament, haveing takine to ther consideracion the earnest and frequent petitiones and desyres mad to his majestie and estates of parliament by Maister Alexander Gibsone of Durie, as generall commissar of the armie, craveing that auditouris might be nominat and appoynted for heiring, considering, fiting and concluding of his wholl accomptes as generall commissar of the said army, that he therefter may be disburdeined and exonered of that chairge, and for granting commissione to the auditoures to be nominat and appoynted for heiring and fitting the foirsaidis accomptes; and finding the foirsaid desyre to be just and equitable, his majestie, with advyce of the estates of parliament, hes givine and granted, and gives and grantes, full power and commissione to Archbald, lord Angus, Hew, lord Montgomerie, Johne, lord Fleymeing, Johne, lord Maitland, James, lord Carnegie and David, lord Elcho, and to Sir Johne Hammiltoune of Barganie, Mungo Campbell, fear of Laueres, Johne Craufurd of Killbirnie, Sir Williame Mure of Rouallane, James Chalmeres of Gaitgirth and Maister Williame Cochrane of Coudoune, as also to George Sutie, Robert Flemyng, James Roughhead, Johne Binnie and Johne Joussie, merchandis burgess of Edinburgh, and James Suord, merchand burges of Sanct Androis, or to ony nyne of the persones abovenamed, which is the equall halfe of the whole nomber abovewrittin, to receive, heir, consider, fit and conclud the said generall comissar his whole accomptes, both chairge and dischairge therof, at the least so much thairof as was not fitted at Newcastle be the commissioners appoynted for that effect by the committy of estates; with pouer to the saides haill auditoures abovenamed, or any nyne of them, to try and examenat the samene whole accomptes, both chairge and dischairge thairof foirsaid, and to allowe or disallowe the articles therof as they shall find just and reassonable, and to doe everie thing necessar and requisit which may conduce for the cleiring of the samene accomptes and which may advance and further the exact tryell, cleiring and concluding therof. And for this effect his majestie, with advyce of the estates of parliament, ordeanes the foirsaidis persones, auditoures respective abovenamed, to meit and conveene at all such convenient tymes and dyettis as may best further and advance the fitting and ending the said generall commissar, his saidis accomptes, chairge and dischairge thairof, and that at any tyme or tymes betuixt the dait heirof and the [...] day of [...]; and eftir the heiring, trying, fitting and concluding of the saides accomptes, ordeanes the commissionares respective abovenamed, or quorum thairof foirsaid, to report the samene accomptes sua fitted and what they find and conclud thairintill to the parliament or committie to be appoynted by the parliament for heiring and cleereing the commoun burdeenes of the kingdome to be considerit be them, that thereftir the parliament or committie foirsaid may take suche course and order for the said general commissar, his exonoratione, as efter consideratione of the report of his accomptes they shall find just and expedient; and declaires that the saidis commissionares, ther allowance or disallowance of the saidis accomptes or any articles therof, is or shall be allwayes but prejudice to the estates of parliament or committie foirsaid to comptroll the same allowance or disallowance in whole or in pairt as they shall find just and expedient efter report and consideratione thairof.