[1641/8/164]*[print] [email] [cite] [preceding] [following]
Prayer said and rolles callit.
Rege presente.
Forsameikle as his majestie and the estates of this present parliament hes resolved to ryd and conclude the said parliament the sevinteene day of this instant, therfore his majestie and estates foirsaidis commandes and ordeanes the haill memberes of this present heighe court of parliament, asweell the noblemen as the commissioneres of shyres and burrowes, to be in reddines with there robes, horss, footmantles and other furnitour at his hienes palace of Halyrudhouse the day foirsaid at nyne houres beforenoone, to convoy his majestie from the said palace of Halyrudhouse to the parliament house of Edinburghe and from thence bake to the said palace, and ordeanes publict proclamatione to be mad heirof be the lyone or his brethrene, the herauldis, at the mercat croce of Edinburgh be sound of trumpettes; quhairanent thir presents to be ane sufficient warrand. Subscryved be the preeses of parliament at command of the king and parliament.
[1641/8/165]*[print] [email] [cite] [preceding] [following]
It being questioned whither any lord of parliament should give place to otheres that are not lordis of parliament at publict or private meetingis, it was fund be his majestie and estates of parliament, efter voyceing, that this questioun could not be determined till the pairties haveing intrest should be first citat.
[1641/8/166]*[print] [email] [cite] [preceding] [following]
The quhilk day the saidis noblemen and others abovenamed protestit that the clause wnderwrittin conteined in the act of commissione anente the provisione of kirkis and this day condishendit to in parliament, viz: lykeas it is heirby declaired that the teyndis and teynd dewties quhilke belonged to chapteres, deanries, subdeanries and otheres dignities of there chapteres shall be lyable to the provisione of the kirkis whilkis are annexit therwnto, according to the proportione of eight chalderes victuell or eight hundreth merkis forth of the teyndis of the owne parochine allenerlie, conforme to the act of parliament, be not prejudiciall to ther rightes of teyndis or teynd dueties belonging to chapters, deanries, subdeanries and other dignities, and therwpoun askit instrumentes.
[1641/8/167]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, considering notwithstanding the actes of the generall assembly ratified in this present parliament, June 1640, aganes the prophaneing of the Lordis day by goeing of salt panes, sallmond fishing, kills, mylnes and hyreing of servantes one the said day, yit the saidis abuses are not leste offe bot rather encreased, therfore our soverane lord and estates foirsaidis, for the bettir restraint of the saidis abuses and prophanationes, doe agane inhibit and dischairge all goeing of salt panes or mylnes and all working of workes therintill wpon the Lordes day, and all hyreing and conditioneing of sheereres one the said day, and that wnder the paines and penalties falloweing to be payed to the particular sessiones of every paroche wherin the abuses before specified are committed, to be imployed to pious uses, viz: the soume of tuentie pundis for ilke day foirsaid workeing in maner foirsaid of ilke salt pane, of ilke dayes fishing of sallmond and of ilke mylne, to be payed by the heritoures and possessores therof for the tyme and the maisteres to be ansuerable for ther servantes, and the soume of ten pundis for ilke shearer and fisher of salmond one the Lordis day, the one halfe to be payed be the hyreres and conduceres, the other halfe by the persones hyred toties quoties; and ordeanes the magistrates of the toune to keepe the transgressoures in waird whill they pay the said penalties for the which the magistrates shall be ansuerable to thair sessiones. And further, our said soverane lord and estates doe heerby inhibit and dischairge all markettes, useing of merchandyce, carying of loades upoun the Lordes day, and all other prophanationes or abuses therof whatsoevir, and that wnder the same paine of ten pundes to be payed by everie transgressor to ther sessiouns respective for the uses foirsaid toties quoties. And ordeanes the saides penalties respective abovespecified to be exacted by and attour the confiscatioun of the salt, corne, merchandyce, loades and other goodes whatsoevir imployed, used, gained or mad and wrought in the prophaneing and abusing of the said Lordes day, which paine is also heerby ordeaned. If the transgressores be not able to pay the penalties foirsaidis, ordeanes them to be punished exemplary in ther bodyes according to the merit of ther fault toties quoties.
[1641/8/168]*[print] [email] [cite] [preceding] [following]
Forsameikle as his majestie, with the advyse and approbatione of the estates of parliament, hes nou nominat and elected the fyfteene ordinar and four extraordinar lordis of the sessione and senate of the colledge of justice, for administracion of justice to all his majesties leiges of this his majesties ancient and native kingdome conforme to the fundacion and erectione of that soverane judicatorie, therfor his majestie and estates of parliament commandis and ordeanes the saidis lordes, ordinare and extraordinar, of the said sessione and senate of the colledge of justice now nominat and elected as said is, with the whole officeres and memberes of that judicatorie, to conveene and sit doune in sessioune at Edinburgh the fourt day of Januari nixtocome for administrcion of justice to all the lieges at the tymes and according to accustomed order of that judicatorie. And for the bettir notificatione heirof to the saidis lordis and memberes of the colledge of justice and all otheres his hines leiges whom it consernes ordeanes publict proclamatione to be made heirof by the lyoun or his brethren, the herauldis, at the mercat croce of Edinburgh be sound of trumpets; quhairanent thir presentes, subscryved be the president of the parliament, at command of the king and parliament, shall be ane sufficient warrand.
[1641/8/169]*[print] [email] [cite] [preceding] [following]
The quhilk day the kingis majestie and estates of parliament ratifies and approves the act of the committie of estates of parliament, granted be the committie upoun the tuentie sevinth of Maii 1641 yeeres, with consent of the nobilitie and commissioneres of shyres and burroues then conveened, in favours of the burrowes anent ther releese of the payment of ane hundreth and tuentie thousand gilderes wndertane be the burrowes to be payed and advanced be theme to the factoures at Campheir, in the quhilke it is declaired that incaise they be not repayed of the foirsaid soume by the meanes and courses prescryved be the said committie, that in that caise they shall be repayed thairof be a pairt of the 300,000 lib. sterling of the brotherlie assistance from England, as the said act of committie of the dait foirsaid more fullie proportes, in the haill heidis, articles, clauss and conditiones of the samene act, and declairs this present generall ratificatione therof to be alse valied and sufficient as if the said act were ad longum insert heirintill; quhairanent his majestie and estates dispenss for evir.
[1641/8/170]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, considering that dureing the tyme of the late troubles of this kingdome there were many greate soumes and burdingis contracted, wndertakine and advanced for the outreeking and mentinance of the armyes and for other publict effaires, as lykewayes considering that the compts of the commoune burdingis of the kingdome and the accomptes of the tenth penny and of the other debtes resting due and payable to the publict, togidder with the accomptes and intromissiones of all commissioneres, collectoures and otheres persones who have had any chairge or intromissione with any thing perteaneing to the publict, asweell in the cuntrey as at the army and othir pairtes abroad, are not yit fullie closed, cleered, counted for, payed nor reduced in order, and sieing it is absolutlie necessary that all the debtes contracted and advanced for the publict wse, either within the kingdome or without the samyne, be knowne, satisfied, payed and relived, as also that every thing resting to the publict be counted for, payed and brought in for releefe of the commoune burthingis, and that the whole comptes of the armyes and other comptes within and without the kingdome, togither with the accomptes of the monthlie mentinance of the army and brotherlie assistance granted by the parliament of England for releefe of the commoun burthenes of this kingdome, at least so much therof as is allreddy payed, be all cleered, fited and cloosed, and that the rest and superplus of the said brotherly assistance yet resting may be craved, uplifted and received for the publict use; and it being lykewayes necessary that all and every persone who have had any trust and intromissione with any thing perteaneing to the publict, either within the cuntrey or at the army or any other place, be callit to ane accompt for ther intromissione, and that the generall, officeres and otheres who have served in the publict be satisfied and recompensed for ther service according to ther demerites, as also that the looss susteened by the particular persones whose shippes and goodes ware takine at sea either in England or Ireland be takine into consideracion to the effect that the whole burthenes and debtes restand by the publict being knowne, and all that is due to the publict being counted for, payed and brought in for releef of the commoune burthens, the estat and conditione of the publict effaires may be the bettir knowne, and accordinglie such course takine thairanent as may best conduce for the good and weell of the cuntry; and seeing the cleering and setling of the premiss will necessarly draw to such ane lenth of tyme as his majestie and the estates of parliament cannot in this present parliament receive, call for nor examene the saidis accomptes and commone burthens of the kingdome and setle and order every thing conserneing the same, in respect wherof, our said soverane lord and estates of parliament have fund it necessary and expedient that a select nomber of the severall estates of the kingdome be nominated, authoreized and appoynted for cleering and setling of the whole premiss, and for directing, setling and ordering of everie thing which may conserne the same, or which may offer and come in consideracion theranent. Therfore his majestie and estates of parliament presently conveened doe, by vertue of thir presentes, elect, nominat, choose, authoreise and appoynt the persones eftirspecified, viz: Johne, erle of Loudoune, heighe chancellour of Scotland, Archbald, marques of Argyle, Alexander, erle of Eglingtoun, Johne, erle of Cassilles, Williame, erle of Glencairne, Johne, erle of Lauderdaill, Williame, erle of Lothiane, Johne, erle of Lindesay, David, erle of Southeske, James, erle of Findlater, Johne, lord Sinclare, Johne, lord Ballmerino, Robert, lord Burglie, George, lord Forrester, Sir Charles Erskeene of Bandeth, Sir David Hoome of Weddirburne, Sir Robert Innes of that ilke, Sir George Dundas of that ilke, Sir Williame Cunynghame of Capringtoun, Sir Johne Wauchope of Nidrie, Sir Alexander Erskeene of Dun, Sir Gilbert Ramsay of Ballmayne, Sir Duncane Campbell of Auchinbrek, Sir Williame Forbes of Cragyvar, Sir Robert Greirsone of Lagg, Maister Johne† Douglas of Bonjedburgh, Williame Rige of Etherny, Alexander Gordoune of Erlestoune, Johne Binny, burges of Edinburgh, Thomas Durhame, burges of Pearth, Patrik Leslie, burges of Aberdene, George Bell, burges of Linlithgow, Patrike Bell, burges of Glasgowe, James Suord, burges of Sainct Androwes, Johne Kennedy, burges of Air, Johne Semple, burges of Dumbartane, Williame Glendonying, burges of Kirkecudbreight, James Scot, burges of Montrose, Maister Robert Barclay, burges of Irving, James Andersone, burges of Couper, George Gardeene, burges of Bruntyland and Maister Alexander Douglas, burges of Bamffe, togidder with Alexander, erle of Levine, and Sir Adame Hepburne of Humbie, ane of the senatoures of the colledge of justice, whom his majestie and estates of parliament ad to the foirsaid nomber as ordinar memberes, with the rest to be commissioneres from his majestie and the parliament to the effect above and eftirspecified; off the which persones, any tuelve of them shall be a quorum, ther being allwayes three of them of ilke estate to whome our said soverane lord and estates and whole body of the present parliament gives, grantes and committes full pouer, warrand, commissione to meet and conveene within the burghe of Edinburgh and such other places as they shall think expedient betuixt and [...] the day of [...] nixtocome at farthest, and ther to call for, examene, consider, cleere, fit, allow and compt the whole debtes and burthenes contracted and wndertakine, advanced, furnished and applyed for the publict wse and sicklyke with pouer to them to reduce the whole debtes, comptes and burdingis resting by the publik either within the kingdome or without the samene to (be) a full and compleet order; and for that effect, to call all persones intrest and conserned therin before them for the bettir trying, cleiring and expeding of the samene or of any dificulty which may offer or occurre in the setling and cleering of the saidis commone burdings and debtes. And with pouer to the saidis commissioneres or quorum foirsaid of them to fit, examene, close, setle, controll and allowe the whole comptes and intromissiones of all commissares, collectores and ther deputes and substitutes, and of all other persones who have had any chairge, trust, intromissione or medling with any thing perteaneing to the publict or in any publict trust and chairge, either within the kingdome or without the samene, not allreddy approven and allowed by the late committees of estate or either of them; and for that effect, our said soverane lord and estates of parliament grantes full pouer to the commissioneres foirsaid to call before them or there quorum foirsaid all commissares, collectores and otheres who have had any trust, intromissione or medling, or who are resting any thing due and perteaneing to the publict, at such dyetes and tymes and at such tymes and in such a maner as they shall prescrybe and find expedient, and to call for, examene, controll and allow the whole regiment compts and other comptes of the army, within and without the cuntry, with the accomptes of all victuall, money, goodes or other commodities and furnitur furnished, received, expendit and givine out for making upe, outreeking and enterteenement of the armyes and of all other publict expeditiones and employmentes, and to allowe and disallowe of the samene as they shall find theme to be just and reassonable. And with pouer to the saidis commissioneres and ther quorum foirsaid to nominat and appoynt collectores, commissares and all other publicke servantes necessary for cleiring, ingathering and recovering of the publict dues, debtes and restes due and payable to the publict, and to prescrybe orderes to them and to call all otheres either authoreized allreddy or to be appoynted by them, and to prescrybe, direct and give forth suche orderes, letteres, executione and other dispatches for cleering of the whole promiss and for recoverie of the debtes and burdingis resting to the publicke as they shall thinke expedient. And with power to the saidis commissioneres, or such as shall be authoreized or warranted by them, or their quorum foirsaid, to crave, receive, wplifte and intromet with the soume of tuo hundreth and tuenty thousand punds sterling yit resting wnpayed by the parliament of England of the foirsaid brotherlie assistance promeised and obleidged to be payed by the kingdome of England for releefe and defrayment of the saidis commoune burdeenes of this kingdome, and to grant dischairges upoun the recept therof in whole, ore in pairt, which shall be alse sufficient as if the samene ware granted by his majestie and the whole body of the parliament of this kingdome. And with power to them to setle, accord and agrie wpoun wayes and meanes how the said brotherlie assistance may be most tymouslie and commodiouslie payed and advanced for defrayment and releefe of the saidis commoune burthenes either by exchange, advancement or any other maner of way which may be most conduceable for the releefe and good of the publict. And with pouer to the saidis commissioneres or ther quorum foirsaid to take ane exact count of the whole amunitione, artilliary, armes and other furnitoure, either brought home, made or brought within this kingdome for the use and upoun the commone expenss of the publicke, and for the reiking out of the armyes and regimentes of foote and horse, and to take course and prescrybe orderes for keeping and preserveing therof for the use and defense of the kingdome; and to appoynt and constitut such persones of trust and best experience for keeping and preserveing of the samene as they shall thinke expedient, and to appoynt and allow to them convenient fies and mentenance for the same. As also with pouer to them to take consideracion and course anent the saidis losses susteened by particular persones in ther ships and goodes takine at sea, either in England or Ireland, with pouer also them to consider every man his loosses that they susteened for the publict and accordinglie give them such satisfactione as they shall find just and reasonabill that they have susteened in spoylyies, robbery and hearships by the enemyes of the cuntry, and as moneyes and other commodities due to the publict can be gottine in; with pouer to them to give orderes for distributing therof for defraying of the saidis comoune burthenes. And where moneyes cannot be gottine in tymously for releefe and payment foirsaid, with power to the saidis commissioneres or ther quorum to barrow and lifte moneyes where evir the samene can be had for releef and payment of such wrgent debtes and creditoures of the publict as cannot suffer delay, which soumes so to be lifted and imployed for the use and effect foirsaid, his majestie and estates of parliament declaires heirby to be the publict debtes of the cuntry and bindis and obleidges the estate and whole body of this kingdome to pay and defray the same and to releive the saides commissioneres or any othere persones who shall give bandes or securities for the same of the forsaidis soumes and bandes and of all perrell and danger that may fallow therwpoun. And sicklyke with pouer to the saidis commissioneres and there quorum forsaid to give orderes for valueing of the presbetryes, paroches, landis and other rentes and trade not allreddy valued, conforme to the preceeding statutes, actes and orderes made theranente, to the effect that the tenth penny therof may be knowne and payment may be exacted accordinglie. Lykeas his majestie and estates declaires that such persones, presbetryes, brughes and otheres who are yit resting thair said tenth penny are, and shall be, lyable in payment of annuellrentes for the same from the terme of Whitsonday 1640 and in tymecomeing, ay and whill the compleet payment of the samene. And in respect ther was diverse and sindrie commissiones, letters and other executione and warrands directed and givine forth by the late committies of estates residing at Edinburghe and by the commissar principall and collectour generall and otheres haveing power and warrand for that effect to collectores, commissares and other publict servantes for ingathering and recovering payment of the debtes and restes payable to the publicke, which lettires and warrantes are not yit fullie execut, nether yit is ther compleet payment recovered conforme therto, therfor, our said soverane lord and estates foirsaidis ordeanes the samene commissiones, lettires and others warrants emittit and givine forth theranent to stand in full force and the persones entrusted with managing and executing therof to doe there exact and best diligence theranent ay and whill ther warrandis be recalled and dischairged by the saidis commissioneres or there quorum foirsaid. It is heirby declaired that amongst the† publict dues and debtes due to the publict that the whole rentes of all beshopes and otheres beneficed persones, whither deposed fugitives or opposites to the commoune cause, for the full croptes and yeeres of God 1639 and 1640 yeeres are, and shall be, due to the publict, togidder with all restes of the saidis rentes preceeding the saidis tuo croptes not truely payed nor dischairged where there are not true creditours to the saidis preeceeding restes, which creditoures shall have preference from the saides restes of the cropt 1638 and preeceedings allenerly. And farther, if ther be any pairt of the saidis rentes wplifted by publict order of the cropt 1641 yeeres, his majestie and estates foirsaidis heirby dispenss therwith in favoures of the publict. And generallie our soverane lord and estates of parliament doe heerby grant full power, warrant and commissione to the saidis commissioneres and ther quorum foirsaid to doe, exact, prescrybe, exerce, prosecute and fallowe forth all and everie thing necessary and behovefull asweell for cleering, alloweing, fitting and closeing of the whole commoune burthens and debtes due by the cuntrey and contracted and advanced for the publict use foirsaid, and for reduceing them in order, and for releefe, payment and defrayment of the samene, and for cleering the accomptes of all otheres who have had intromissione or publicke chairge either within or without the cuntrey, and for calling of them and all otheres adebted to the publict in any soumes, goodes, victuell or other commodities whatsoevir to a full account, and to doe, exact and prescrybe all other courses, orderes and waves necessar conserneing the whole premiss or conserneing any thing which may come in consideracion theranent or which may fall wnder the countes of the samene. And whatever debtes and burdenes shall be approven and allowed by the saidis commissioneres or per quorum, his majestie and estates findis and declaires the samene to be laufull debts and burdenes to affect and burdene the estates of this kingdome, and obleidge the saidis estates and whole body therof to pay, relive and defray the same. Lykeas whatsoevir countes shall be approven and allowed or disallowed by them, the samene shall be sufficient for the exonoracion and cleering of the persones, comptares and otheres conteyned therintill; and what evir dischairges beis granted by them or any otheres collectoures, commissares and otheres to be substitute, authoreized and warranted by them shall be sufficient exonoracions and securities to the receiveres of the samene. It is heerby declaired that such comptes as are allreddy approved and allowed by the late committies of estate or aither of them shall stand good and valied and shall not be quarrelled by the saidis commissioneres without prejudice to them to call for and peruse the samene accomptes, for the bettir ordering and cleering of the commoune comptes and burthens of the kingdome. And with power lykewayes to the foirnamed commissioneres and ther quorum foirsaid to prescrybe wayes and reules to the particulare shyres, presbetryes and divisiones for releefe, stenting and payment amongst themselfes of all publict depursmentes, advancementes and engadgmentes contracted, wndertaken, furnished or depursed by the saidis shyres, presbetryes and divisiones or by ther committies of warre or any particular persones amonges them for the commone wse and behove the saidis shyres, divisiones and presbetryes either for armes, the tuentieth penny, fourty dayes and officeres pay, or for any publict wse within the saidis shyres or divisiones to the effect that all the heritoures and inhabitantes within the samene may be equally stented and burthened with the commone burthenes of ther owne shyre and divisione where they duell, and to cause put the saidis orderes for the said commone releefe to due executione. And our soverane lord and estates of parliament, finding it just and equitable that the saidis commissioneres, ther chairges and expenss in ther attending and exerceing the foirsaid trust and commissione put wpon them, should be payed and defrayed by the publict, therfore our said soverane lord and estates foirsaides doe heirby modifie and allowe to the saidis commissioneres and ilke ane of them in ther severall degrees, according to the tyme and space of thair attendance respective, the lyke fies and allowance as wer formerlie allowed by the estates conveened in Januarii last to the memberes of the late committie of estates, conforme to ane act made theranent of the dait the day of the said moneth of Januarii last, which fees and allowances shall be payed to them and everie one of them according to the tyme and space of ther exact attendance, to be cleered by the sederunt booke of the dyetes of ther meitingis testified or subscryved by the clerke of the said committie or his deputes wnder ther handis, testifieing the tyme and space of ilke persone, ther attendance, which shall be a sufficient warrand to the commissares or collectouris of the publict dues to pay the same allowance to the saidis commissioneres, ilke ane of them for ther owne pairtes and shall be allowed to the saidis commissares, collectoures or ther deputes in ther accomptes. And it being necessary that there be ane able and qualified and trustie clerke nominated and appoynted for the foirsaid committie and for keeping of all the paperes, warrantes, recordis and registeres conserneing the whole premiss, and his majestie and estates foirsaidis, haveing the proofe and experience of the truste and ability of Robert Hepburne, advocat, for dischairging of the foirsaid office and place as clerke to the said committee, therfore our said soverane lord and estates foirsaides doe heerby nominat and constitut the said Robert Hepburne to be clerke to the said committie, and ordeanes the former fie and allowance appoynted for the said Robert as clerke to the said late committie of estates residing at Edinburghe to continowe and be payed to him during his service in the foirsaid office, and with power to him to appoynt substitutes and deputes for whom he shall be ansuerable for serveing in the foirsaid place, granting to him and them all priviledges, liberties, fees and immunities belonging to the foirsaid office; which clerke and his foirsaidis shall have the chairge, trust, keeping and ordering of all the paperes, warrants, recordis and otheres which conserne the premiss, and the actes, extractes, recordis and warrantes to be subscryved by the said clerke and his substitutes shall beare alse full faith as the actes or extractes of any other clerkis within this kingdome. And in lykemaner, with pouer to the saidis commissioneres or ther quorum to appoynt, allowe and modifie competent fees, allowance and recompenses to the generall officeres and all otheres persones who have bene employed in the publict service, and whose fees and recompences are not allreddy allowed and appoynted, and also with power to them to allowe and appoynt such fees and recompenses to all otheres who shall necessarly be imployed and entrusted by them as they shall find reassonable.And incaise any of the abovenamed commissioneres shall happen to depairt this lyfe dureing the endurance therof, it shall be leasoum to the rest of the saidis commissioners of that estat, or most pairt therof, to elect, nominat and appoynt otheres in the place of these who sall happene to decease, ilke estat choosing commissioneres in place of these who shall happen to decease of there owne estate. Lykeas our said soverane lord and estates of parliament doe heerby requyre and command all and everie persone within this kingdome and all otheres whom the samene may conserne as they will ansuer at ther highest perrell, that they give exact and reddy obedience to such orderes, warrantes, lettires and directiones as shall be givine forth, ordered and directed by the saidis commissioneres or ther quorum foirsaid anent the whole premiss, requyring also all shireffes of shyres, magistrates of burrowes, stewarts of steuartries, baillies of regalityes, proveist and baillies of burghs and all other persones whatsomevir wpoun ther heighest perrell as they shall be requyred to assist and concurre to the executing and obeying of such orderes, warrandis and other despatches as shall be directed and givine forth by the saides commissioneres to the effect abovespecifiet. With pouer lykewayes to the saidis commissioneres and ther quorum to call for the assistance, advyce and informatione of any persones within this kingdome of whatsoevir quality for cleering of whatsoevir questiones, doubtes or scruples which may aryse and occure in any particular conserneing the premiss as occasione shall offer, who are heerby requyred to assist the saidis commissioneres by there presence, counsell, informatione and advyce as they shall be desyred for that effect. And it is ordeaned that horneing, captione and poynding and all other maner of execution, personall and reall, shall be directed wpoun all warrants, actes and orderes of the saidis commissioneres and ther quorum for the bettir obeying and executing of the samene, and for the more reddy and tymous payment of the said publicke dues, which commissioneres abovenamed are and shall be lyable and comptable to his majestie and the parliament for there exact diligence and constant attendance, and for there cariage in the right dischairgeing of this present commissione intrusted to them and every pairt and particular therof. Lykeas they shall be obleidged to report and represent to the nixt parliament a full accompt of there proceedingis and deportments anent the premiss, togidder with the true estate and conditione of the burthenes and effaires of the publick to the effect that his majestie and the parliament, eftir consideracion of the premiss and of there proceedingis and cariage therintill, may take such farther course theranente as shall be fund expedient. And it is also heerby declaired that the nominatione mad by his majestie and the parliament of a clerke to this commissione is and shall be but prejudice of the clerke of the registeres right to deput clerkes to all other commissions from the parliament, seing the present clerke register consented to the parliamentes chooseing of a clerke to this commissione in respect the present clerke register, being generall commissar to the lat army, is a principall pairtie to compt to this commissione for his chairge and dischairge, and so could not deput a clerke to this judicatorie wher he is to make his owne accomptes.
[1641/8/171]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of this present parliament, considering that of the brotherly assistance promeised and obleidged to be payed by the parliament and kingdom of England to this kingdome of Scotland, for releefe and defrayment of the commone burdenes and losses of the samene, ther is yit resting the soume of tuo hundreth and tuentie thousand pund sterling money conforme to the articles of the late treatty and ane act of publict faith granted by the parliament of England for payment therof at the termes therin conteyned, therfore our said soverane lord and estates of parliament doe heerby grant full power, warrand and commissione and appoyntes, nominates and authoreises the persones particularlie eftirmentionat, viz: Johne, erle of Loudoun, chancellour of Scotland, Archbald, marques of Argyle, Alexander, erle of Eglingtoun, Johne, erle of Cassilis, Williame, erle of Glencairne, Johne, erle of Lauderdaill, Williame, erle of Lothiane, Johne, erle of Lindesay, David, erle of Southeske, James, erle of Findlater, Johne, lord Sinclair, Johne, lord Ballmerino, Robert, lord Burghlie, George, lord Forrester, Sir Charles Erskeene of Randeth†, Sir David Home of Weddirburne, Sir Robert Innes of that Ilk, Sir George Dundas of that ilke, Sir Williame Cunyngham of Capringtoun, Sir Johne Wauchope of Nidrie, Sir Alexander Erskeene of Dune, Sir Gilbert Ramsay of Ballmayne, Sir Duncane Campbell of Auchenbreke, Sir Williame Forbes of Craigyvare, Sir Robert Greersone of Lage, Maister George Douglas of Bonjedburghe, Williame Rige of Etherny, Alexander Gordoun of Erlestoune, Johne Binnie, burges of Edinburghe, Thomas Durhame, burges of Pearth, Patrike Leslie, burges of Aberdeene, George Bell, burges of Linlithgow, Patrike Bell, burges of Glasgowe, James Suord, burges of Standrois, Johne Kennedy, burges of Air, Johne Semple, burges of Dumbartane, Williame Glendonying, burges of Kirkecudbright, James Scote, burges of Montrose, Maister Robert Barclay, burges of Irving, James Andersone, burges of Couper, George Gairdene, burges of Bruntyland and Maister Alexander Douglas, burges of Bamff, togidder with Alexander, erle of Levine and Sir Adame Hepburne of Humbie, one of the senatoures of the colledge of justice, whom his majestie and estates of parliament adds to the foirsaid nomber as ordinar memberes, with the rest to be commissioneres from his majestie and the parliament to the effect eftirspecified, granting and committing, lykeas his majestie and estates foirsaidis doe, by vertue of thir presentes, grant full power, warrand and commissione to the foirnamed persones, or to any tuelfe of them, who shall be a quorum, there being all wayes three of them of ilke estat, either by themselves or by such other persones as shall be entrusted and authoreized by them, or ther quorum foirsaid for that effect, to crave, receive, wplifte and intromet with the foirsaid soume of tuo hundreth and tuentie thousand pundis sterling money foirsaid yit resting wnpayed of the said brotherlie assistance promeised and obleigd to be payed by the said parliament of England in maner foirsaid; and with pouer to the saidis commissioneres, or such as shall be appoynted by them as said is, to give and grant dischairges upoun the receipt of the said soume in whole or in pairt, which shall be als valied and sufficient as if the samene were granted by the kingis majestie and whole body of this present parliament; and with pouer to them to setle, accord and agree wpoun the best wayes and courses how the said brotherly assistance may be most tymeously and conveniently payed at the termes of payment appoynted for that effect, or otherwayes how the same may be advanced, ather by exchange or other wayes for defrayment and releef of the saidis comone burthens, as may be most conduceble for the good and releef of the publict; and whatsoevir acquittances or dischairges the foirnamed persones or such other persones as shall be authoreized by them shall grant and subscryve wpoun the receipt of the said soume or any pairt therof, or whatsoevir other course they shall accord or agree wpoun conserneing the samene, his majestie and estates of parliament doe by these presentes approve and authoreize the same and, if need be, shall ratifie the samene in the nixt ensueing parliament. And generally our said soverane lord aidis, grantes and committes full power and commissione to the foirnamed persones and ther quorum foirsaid, and to these who shall be authoreized by them as said is, to doe, exerce, accord and agree upoun all and every thing necessary anent the payment and recoverie of the foirsaidis soumes and everything els which may conserne the samene in all respectes needfull and expedient; wheranent our said soverane lord and estates of parliament declaires that thir presentes shall be ane good and sufficient warrant for them and all otheres whom the samene may conserne, the foirnamed comissioneres and these to be authoreized and appoynted by them for the effect abovespecified being allwayes comptable and ansuerable for ther cariage and proceedingis in the premiss.
[1641/8/172]*[print] [email] [cite] [preceding] [following]
The quhilk day, anent the supplicatione givene in to the parliament be Johne Drymmy, brother to umquhill Isobell, spous to Robert Walker in Charletoun within the parochine of Montroise, makeand mentione that upoun the [...] day of Maii lastbypast the said Johne† Walker strangled and wirried the said Isobell Drymmie, his spous, and therefter carried her to the crues of Morphie in maner conteaned in the supplicatione, and therfor desyreing the king and parliament to grant commissione for apprehending of the said Robert Walker and David Grahame and Margaret Grahame, his sister, to be examinat and tortored anent the said murther, and being fund guilty to put them to death, as the supplicatione more fullie proportes. Quhilke supplicatione, being red in audience of the kingis majestie and parliament and the desyre therof tane to consideracion be them, his majestie and estates of parliament grantes commissione to the proveist and baillyies of Montrose for tryeing of the murther of the said umquhill Isobell Drymmie, and for the apprehending of the said Robert Walker, hir husband, and of the saidis David Grahame and Margaret Graham, his sister, and for tryeing and exameneating of the saidis three persones anent the foirsaid murther. And therefter ordeanes the proveist and baillies of Montrose to report to the secret counsell the tryell to be tane be them in the said matter, that the counsell may take suche course theranent as apperteanes.
[1641/8/173]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advys and consent of the estates of parliament, considdering that forsameekle as the estates of parliament in June 1640, for the reassones and consideracions moveing them at that tyme, did nominat, elect, choose and appoynt umquhill Johne, erle of Rothes, Johne, erle of Cassilles, Charles, erle of Dumfermeling, Johne, erle of Wigtoun, Williame, erle of Lothiane, Johne, lord Lindesay, Johne, lord Ballmerino, Robert, lord Burghlie, James, lord Couper, Johne, lord Loure, Sir Alexander Gibsone of Durie, Sir Johne Hope of Craighall, Sir Johne Scot of Scottistarbett, senatoures of the colledge of justice, Sir Patrik Hepburne of Wauchtone, Sir David Home of Weddirburne, Sir Patrike Murrey of Elibanke, Sir Patrik Hammilton of Litle Prestoune, Sir Williame Cunynghame of Capringtoune, Sir Williame Douglas of Caveres, Sir Thomas Nicolsone of Carnok, James Challmers of Gaitgirth, Sir Thomas Hope of Kerse, Drummond of Riccardtoun, Johne Forbes of Lesly, Maister George Dundas of Maner, Johne Smythe, Edward Edgar, Thomas Patersone, Richard Maxwell, burgess of Edinburgh, Maister Alexander Weddirburne, clerke of Dundie, Maister Alexander Jaffray, burges of Aberdeene, or Maister Williame More in his absence, William Hammiltoun, baillie of Linlithgow, James Suord, burges of Sanct Androes, George Porterfield, baillie of Glasgowe, Hew Kennedy, baillie of Air, James Scote, burges of Montrose and Johne Rutherfoord, proveist of Jedburghe and certane other persones to be commissioneres from the saidis estates, to whom they gave and granted full power, warrand and comissione to doe, order, direct, act and put in executione every thing necessary, expedient and incumbent asweel for the preservatione and mentinance of the armyes, both horse and foote, by sea and land, as for the ordering of the cuntrey and whole body and inhabitantes therof, decyding of questiones and debaites which should happen to aryse or fall out in any bussines which should occasione or offer within the kingdome conserneing the peace and quyet therof, bot prejudice of the ordinarie judicatories established within this kingdome by actes of parliament; and with power to theme to barrow, wptake and levie moneyes for the wse of the publict and to give and prescribe orderes for disburssing therof, and generally did give them full power to doe all and sindrie other thingis requisite anente the ordering, directing, manageing, prosecuting and executing of all effaires and bussines of this kingdome which might or should conduce to the weel of the samene or any pairt therof, and which might or could be needfull to be done by them for mentinance and preservatione of the true religione and liberties of this kingdome anent the premiss, as the said commissione of the dait the ellevinth day of June 1640 in the same at more lenth beires. And sicklyke the saidis estates did nominat and constitut Maister Adame Hepburne of Humbie to be clerke to the said commissione, and gave him pouer to substitut deputes, one or more. And his majestie and the saidis estates now presentlie conveend, haveing takine to consideracion the paines takine by the saidis noblemen, barrones, burgess and otheres particularlie aboverehearsed, alsweel these who remaned at Edinburgh as these who went along with the army and residit at the campe or sent as commissioneres to Rippone and Londone, and of the said Maister Adame Hepburne and Robert Hepburne, his colleage, who served as clerkes in the said commissioune, they find that they have walked wprightlie, faithfullie, diligently and cairfullie in the dischairge of the said commissione, ansuerable to the trust imposed upoun them, and therfore his majestie, with advyce and consent of the saidis estates, heath approven, and by thir presentes approves, ther proceedingis and cariage therin and declaires them and everie one of them to have done good service to his majestie and this kingdome, and that they have behaved themselves as good Christianes, loyall subjectes and weell deserveing patriotes.
[1641/8/174]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, considering that the memberes of the late committees from the saidis estates of parliament, to whom the furnishing of the armes and all other necessary expenss conserneing the publict was entrusted, conforme to the power and commissione givine to them, as lykewayes otheres who ware not of the committie and also the generall commissare or his deputes, haveing barrowed and wndertakine great soumes of money for the necessare wse and behoofe of the publict, for the which soumes and debtes contracted by the saidis committies they have givine securities to the pairties pairtly by publict actes in name of the estates, and where many persone ware difficile and scrupulous to advance and lend moneyes and other necessares upoun the publict securitie, these of the saidis committees and otheres foirsaidis have givine there owne particular bandis and have moved diverse others persones to give band and security to the saidis lenderes of the saidis soumes bearing barrowed money without any relatione to the publict. Lykeas diverse noblemen, barrones and burrowes and otheres, befor the establishing of the saidis committees of estates, did willinglie, for advancement of the publict service, give there particulare bandis for great soumes of money for the publict wse, and which were givine in to the commissares and collectoures and counted for by them in there accomptes, wherby the foirnamed persones who have granted such bandes may be distressed for payment of the saidis soumes at the instance of the persones to whome they are bund, so as for there furtherance and affectione to the advancement of the publict service there estates and credites may both be endangered wnles remeid be provydit. And his majestie and estates foirsaidis, being cairfull that nather the memberes of the saidis committees nor any other persones may suffer prejudice in ther estates or credit by or throw any bandis granted by them to any persones for lent money, silver plate or any other necessar commodity furnished and advanced for the publict wse, bot that they and every one of them, ther aires and executores be freed and relived by the saidis estates of the samene, and of all damnage, perrell and danger which they may incurre or susteene therthrowe, it being mad appeir that the soumes of money or other commodities for the which they have givine band as said is, are counted for or applyed for the wse of the publick and approven by publict act, order and warrand, therfore our said soverane lord and estates of parliament, by vertue of this present act, doe heerby bind and obleidge the estates of this kingdome to warrand and releive the saidis memberes of the said committie of estate and all otheres persones whatsoevir who have givine band and security for any soumes of money or other commodities for the publicke and wherof compt and reckoneing is or shall be mad and approven, wherby it may appeir that the samene are imployed for the wse of the publick by publict warrand as said is. And for there bettir releefe of the samene, the saidis estates of parliament bindis and obleiges them and the whole body of this kingdome to make payment to the persones creditores to whom the saidis bandis and securities are givine of the same soumes ore otheres commodityes or pryces therof, and that at the termes of payment appoynted by the saidis bandis with the interest therof, conforme therto in all poyntes, and to purchese and delyver to ilke persone so bund as said is ther saidis bandis givine by them or sufficient dischairges of the samene with all convenient diligence, and in the meantyme, to keepe theme harmeles and skaithles of the samene bandis and of all executione, perrell and danger which may fallowe therwpoun, so being that the soumes and goodis conteyned in the saids bands have bene applyed to the publict wse by publict order and warrand as said is, and are or shall be counted for and approven in the accomptes of the commoune burdenes of this kingdome, which bandis so contracted and wndertakene are heirby declaired to bee publict debtes wpoun the estates and shall affect and burden them, notwithstanding that the samene be givine by particular persones without relatione to the publicke in maner foirsaid.
[1641/8/175]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, considering that ther was ane commissione granted be the committe from the estates of parliament, with consent of the generall, of the dait at Edinburgh, the tuelfe day of Junii jM vjC fourtie yeires, makeand mentione that forsameikle as it being then most necessare for the weell of the religione and peace of the cuntrey that all the intesteene enemyes therof with all expeditione should be supprest and takine order with that they should not trouble the peace of the cuntrey or harme the freendis therof, bot that they might be brought to that duety which became Christianes and cuntreymen, if it were possible, or otherwayes to goe againes them to ther wter rooting out in all hostill maner. And because then the Erle of Athole, the lord Ogilvy and there complices and assistantes, asweell in Athole as in the braes of Angus, the Ferquharsones in the brae of Mare and ther complices, and otheres, the then enymyes and opposites in Badyenoch, Lochabere and Rannoche, had then not only provine enymies to religione bot also had provine wnnaturall to ther cuntrey in disjoyneing from these who stood for the mentinance of religione and the liberties of this kingdome, and had drawne themselves togither in armes, had fortified ther houss and awaited oportunitie to fall one be themselves ore to joyne with otheres, asweell native as forraneeres and strangers, to the overthrowe of this kirke and kingdome, at the least in sua fare as then in them lyes. For remeed wherof, the said committie from the estates of parliament, with consent of the generall, be ther said commissione gave full power, warrand and commissione to Archbald, erle of Argyle, lord Campbell and Lorne, to ryise in armes aganes the said erle of Athole and his complices and assistantes in Athole or els whaire, and aganes the said Lord Ogilvie and his compleices and assistants in the braes of Angus, and againes the Ferquharsons foirsaidis and otheres, the opposites in the brae of Mare, Badyenoche, Lochaber and Rannoche and to persue them and everie ane of them in all hostill maner with fyir and suord ay and whill he should either bring them to thair bundine duetie and give assurance of the samene he pledges, or otherwayes or ells to the wtter subdueing and rooting them out of the cuntrey; and for that effect to levie and drawe togidder in one or mo bodyes as he should thinke fit such nomberes of men within the shereffdome of Argyle in armes as he should find sufficient for the said imployment, and sicklyke with power to the said Erle of Argyle, or those haveing power and warrand from him, with consent of the generall commissare, to intromet with the rentes and goodis of the saidis persones opposites to the commone cause, to be applyed for the mentenance of the said erle his forces who ware with him in the said expeditione, and with command to the subcommissares and otheres intrustit in the commone effaires to cause furnishe them in maner specified in the said comissione, as the said commissione of the dait foirsaid at mair lenth beires. Be vertue of the quhilke commissione, and for the faithfull dischairge therof, the said Archbald, erle of Argyle, eftir his acceptatione of the same, did ryise in armes and levey and drawe out togither the nomber of four thousand men in armes, whoise randevoise were at Innerrary and Clauchandysert in Glenwrquhie, the eighteene day of the said moneth of Junii jM vjC fourtie yeeres, and went therfra to the feildis throw the boundis and pairtes of Athole, braes of Angus, Brae of Mar, Badyenoch, Lochabir and Rannoch, and wes abroad in the feeldis with the said army in armes in executing of the said commissione fra the said day of randevous abovewrittin continowally wnto the second day of August nixt, thereftir that he returned home be the space of fourtie four dayes continowally, dureing all that space doeing his exact diligence to bring the foirsaidis persones and otheres within the boundis foirsaidis to ther bundine duetie and conformity and to suppres them that they troubled not the peace of the cuntrey, and did diverse actes and factes for that effect, wherby the said erle of Athole and the men of Athole and diverse other great clanes and otheres persones were brought to conformity and made to find catione and give bandis and pledges to keepe peace and good order, and to compeir and ansuer before the committee, and otheres who wer disobedient and that would not sua doe wer forced† gave out severall warrandes and commissiones for takeing order with some persones that fled away and came not in to give ther obedience, and befor hee lefte the feeldis he left sindrie garisones bouth one the feeldis and in houss belonging to some of the saides enymies for keeping of the peace of the cuntrey, who remained therin for the space of severall weekes and monthes thereftir. Lykeas there were diverse otheres deidis done be the said erle and his army during the said space for setling the disorderes in these pairtes and bringing of the people therof to conformity, in maner at lenth specially and particularlie mentionat and set doune in ane particulare report mad be the said Archbald, erle of Argyle of his executione of the said commissione, first givine in be the said erle to the foirsaid committie from the estates and to the generall at the castle of Dunse, the fyfteene day of the said moneth of August jM vjC fourtie yeires, and therefter givine in be him to the committie of estates at Edinburghe wpon the tuentie fyfte day of the said moneth of August the said yeir, and dewly ratified and approvine be them the same day, as the said report or accompt mad be the said erle, ratificatione and allowance therof granted be the said committie of estates of the dait forsaid at mair lenth beires. Lykeas the said Archbald, erle of Argyle hes givine ane particular accompt of all the victuell or goodis either furnished to the army be the wnder commissars and otheres whatsowevir or takine be the army for there mentenance or mellit or intromettit with be the said erle or be any of his lordship commanderes, or be the army, be his lordship or ther directione, off the goodis and geir perteaneing to those who ware refractorie and disobedient, as the particular compt duelie fitted be the auditoures of the commone burdenes of this kingdome wpoun the third day of Apryle lastbygane, and ratified and approven be the said committee of estates resident at Edinburghe be there act of the dait the eight day of the same moneth of Apryle lykewayes at mair lenth beires. Therfore our said soverane lord and estates of parliament have ratified and approvine and, be thir presentes, ratifies and approves the said commissione granted be the said committee from the estaites of parliament, with consent of the generall, to the said Archbald, erle of Argyle in maner, forme and to the effect abovementionat of the daite foirsaid, in the haill heidis and articles of the samene, and declaires the samene to be of als great force, strenth and validity as if the samene had beene granted by the whole estates in oppine parliament. As also ratifies and approves the said accompt and accomptes, report and reportes mad be the said erle and givine in be the said committie of estates of the daites abovewrittin, and ratified and approved be them in maner foirsaid, in the haill heidis and poyntes therof, respective, asweel conserneing his lordships diligence in executing the foirsaid commissione as anent the victuell and goodis abovementionat furnished, takine and intrometted with as said is; and willis and ordeanes that this present generall ratificatione of the premiss is, and shall be, als effectuell and sufficient to the said Erle of Argyle and his foirsaidis as if the saidis commissione, accomptes and reportes forsaidis and former ratificatione of the samene heerby generally ratified as said is, and haill tennors and contentes therof, had beene all at lenth heirinconteyned and heirby specially ratified, notwithstanding that the samene be not so specially done, quhairanent our said soverane lord and estates of parliament hes dispensit and be thir presents dispenss for evir; and findes and declaires that the said Archbald, erle of Argyle hes faithfullie execut the said commissione granted and entrusted to him be the said committee of estates, and hes done and performed all thingis in the executing therof which wes conduceable and fitt for the reduceing of the disobedient to conformity and obedience, and for establishing of the peace, quyet and securitie of that pairt of this kingdome whilke wes within the compas of the said commissione, and that the said erle hes done good, faithfull and acceptable service to the haill estaites of this kingdome in the premiss. And farder declaires the said erle, his aires and successoures and all and sindrie the commanderes of the said army and the haill bodie and everie member of the army and persone therof, ther heires and successoures, to be frie, liberat and exonered of all and whatsomevir actione, cleame, questione and persute, criminall or civeill, whilkis may be intentit, moved or persued againes the said erle, his commanderes and army or any member, persone or persones therof and ther foirsaidis, be whatsomevir persone or persones of whatsomevir degree or quality for whatsomevir goodis, geir, cornes, cattell, horss and otheres goodis and geir whatsomevir mellit with be them or any of them fra the said eighteene day of Junii the said yeir of God jM vjC fourtie yeires to the said second day of August nixt therefter, or for apprehending of whatsoevir persones, puting or deteeneing them in waird, prisone or captivity for whatsomevir space or spaces, or for directing out of the warrandes and commissiones againes any of the saidis enymies and wnfreendis who fled or refused to come in and give ther obedience, or for taking of whatsomevir castelles and houss and leeving of garisones therin or in the feeldis, or for taking of bandis or pledges of the persones contenit in the said commissione, or for sleighting or sloping of whatsomevir toure, fortalice or other houss whatsomevir, or demolishing of the samene to the ground or burneing of the same or puting of fyre therintill, or otherwayes sacking or distroying of the samene housoevir, or for puting of whatsomevir persone or persones to tortour or questione or puting of any persone or persones to death at any time betuixt the said eighteine day of Junii and the said second day of August nixt thaireftir. And declaires thir presentes to be ane sufficient warrand to all and whatsomevir judges, civill or criminall, for exonering and assoylyeing the said Erle of Argyle and all and whatsomevir his collonelles, captanes, commanderes and whole body of the army and haill persones of the same, and to ther servandis, men, boyes and falloweres in the said army dureing the space foirsaid fra all and whatsomevir sicke persut, criminall or civill, and to be received and admitted be way of exceptione, reply or duply without any farder proces, and declaires and decernes thir presentes to have the force of ane act and statute of parliament fra the dait of the said commissione to the dait heirof and in all tymecomeing.
[1641/8/176]*[print] [email] [cite] [preceding] [following]
The quhilk day the supplicatione givine in to the parliament be the officeres of fortoune who served within the cuntrey, craveing that they may have full pay as the others reformeires of the army abroad did receive, and that some course may be tane for ther payment, being red in audience of the king's majestie and estates of parliament, his majestie and estates foirsaidis ordeanes the saidis officeres of fortoune who served within the cuntrey to have full pay without any deductione, and alse much as the lyke officeres of the army received in England, notwithstanding of the act of the committee, and for ther payment, his majestie and estates remittes them to the committee appoynted for the commoune burdeenes. Lykeas his majestie and estates of parliament grantes the lyke favour to the Lord Johnestoune, his officeres, upoun ane supplicatione presented to the parliament be the Lord Johnestoune for that effect.
[1641/8/177]*[print] [email] [cite] [preceding] [following]
The quhilk day, anent the tuo supplicationes givine in to the parliament be David Lindesay of Edgell, for himselfe and his tennentes of his landis and barronyes of Gleneske, Edgall and Newdoske, makeand mentione of the hirshipes and oppressiones done aganes him and his saidis tennentes be great nomberes of brokine hielandmen carieing away of great quantities of horss, nolt, sheepe and other plenishing fra him and his saidis tennentis in ane barbarous and violent way, and wounding of sundrie of the tennentes, occasioned by his subscryveing of the covenant, as the supplicatione at mair lenth beires. Quhilk supplicatione being this day moved in audience of the kingis majestie and estates of parliament, and they now not haveing tyme to ansuer the samene, his majestie and estats of parliament remittes the consideracione of the foirsaidis loisses mentionat in the saidis supplicationes to the committee appoynted for settling the commoune burdings of the kingdome, seeing that the saidis loisses perchance will fall wnder the compas of the act of oblivion or the pairties will be fund not solvendo.
[1641/8/178]*[print] [email] [cite] [preceding] [following]
The quhilk day, anent the supplication givine in to the parliament be Collonell James Wairdlaw, rutmaister, Johne Broun of Fordell, Lovetennent Collonell Hendrie Sinclare, Lieutennent Johne Adinstoun, ensigne, David Guthrie and Robert Finlasone, desyreing reparacion of ther loisses susteind be them throw ther being takine presoneres be the Inglishe shippes and imprisoned in England at the tyme of ther being on thair journey comeing home to Scotland to have served there in thair late troubles, as the supplicatione at mair lenth beires. Quhilke supplicatione being this day moved in parliament in audience of the kingis majestie and estates of parliament, his majestie and estates foirsaides hes remitted and remittes the consideracione of the foirsaid supplicatione and desyre thairof, and what course shall be taken for refounding of the supplicantes, ther loisses, to the committie and commissione appoynted be the kingis majestie and estates of parliament for the commoune burdingis of this kingdome.
[1641/8/179]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, considering the humble supplicatione of the generall assembly presented by the commissioneres therof for plantatione of kirkis, uniting or diswniting of paroches and for other pious and good workes mentionat therintill, for the which and other causes eftirspecified it is necessar that power and commissione be givine from his majestie and estates to the effect wnderwrittin, and therfor his majestie and estates foirsaid have granted and by these presentes grantes full power and commission to the persones eftirfalloweing, viz: Johne, Lord Loudoun, chancellour, Archbald, erle of Argyle, Alexander, erle of Eglingtoun, Johne, erle of Cassiles, Williame, erle of Glencairne, Johne, erle of Lauderdaill, Williame, erle of Lothiane, David, erle of Southeske, James, erle of Findlater, Johne, lord Lindesay, Johne, lord Sinclair, Johne, lord Ballmerino, Robert, lord Burghlie, George, lord Forrester, Sir George Dundas of that ilke, Sir Johne Wauchope of Niddrie, Sir David Home of Weddirburne, Sir Williame Forbes of Craigivare, Sir Gilbert Ramsay of Ballmayne, Sir Williame Cunynghame of Capringtoune, William Rige of Ethernie, Sir Duncane Campbell of Auchinbreke, Sir Alexander Erskeene of Dune, Sir Charles Erskene of Bandeth, Sir Robert Innes of that Ilke, Alexander Gordoun of Erlestoune, Sir Robert Greirsone of Lage, Maister George Douglas of Bonjedburghe, Johne Binny for Edinburgh, Thomas Durhame for Pearth, Patrike Lesly for Aberdene, George Bell for Linlithgow, James Sword for Sanct Androis, Patrik Bell for Glasgow, Johne Kennedy for Air, Johne Semple for Dumbartane, Williame Glendonying for Kirkecudbright, James Scote for Montroise, Maister Robert Barcley for Irving, James Andersone for Couper, George Gairdene for Bruntyland, Maister Alexander Douglas for Bamffe, Robert, erle of Roxburghe, lord privie seale, Sir Alexander Gibsone, younger, of Durie, clerke register, Sir Thomas Hope of Craighall, advocat, Sir James Carmichell, thesaurer deput, Sir Johne Hammiltoun, justice clerke, and Sir Androw Fletcher of Innerpeffer, Sir Thomas Hope of Kerse, Sir Adame Hepburne of Humbie, three of the senatoures of the colledge of justice, to meit and conveene at Halyrudhous or Edinburghe or such other places as shall be appoynted by them at such tymes and dyettis as they shall appoynt, and to value and cause value whatsoevir teyndis great or small, personage or vicearage, of whatsoevir landis and otheres within this kingdom lyable to the payment of teyndis of whatsoevir nature and quality the samene be of which are yit wnvalued, provyding the ministeres serveing the cure who doe lead tithes be secured of good and thankfull payment of so much victuell or money ansuerable to the worth of the saidis teithes as the teithes shall be valued to, and als to receive the reportes from the subcommissioneres appoynted within ilke presbetry of the valuationes of whatsoevir teynds of landis and otheres lyable to teyndis as said is, led and deduced before them according to the tennoure of the subcommissiones direct to that effect, and to allowe or disallowe the samene according as the same shall be fund agreeable or disagreeable from the tennor of ther subcommissiones. And, for the bettir expeding and advanceing of the saidis valuationes, with power to appoynt committees or subcommittees of ther owne nomber to receive the reports of the saidis valuationes made or to be made, and to receive, admite and examene witness, and to take pairties oath with ther depositiones wher the same is referred to oath and to give such farther power to the saidis committees or subcommittees of ther owne nomber as they shall thinke fitt for the good of the worke and speedy finishing of the same. And sicklyke with power to them, if need bee, to appoynt subcommissioneres who are not of ther owne nomber within any parochine or presbetry of the kingdome for leading and deduceing of the saidis valuationes and to receive the reportes therof, allowe or disallowe of the samene, and generally with power to them to set doune whatsoevir other order or course which shall be thought fitt and expedient for dispatche of the saidis valuationes, rectifieing therof and for finall cloosing of the same. And sicklyke with power to the saidis commissioneres (or any fyfteene of them, ther being four therof for every estate) eftir closing and allowance of the valuationes of ilke kirke and parishe, or at least the exacte diligence of the ministeres done to that effect, to appoynt, modifie and set doune a constant and locall stipend and mentinance to ilke minister (his present stipend being allowed in the first end therof) to be payed out of the teyndis therof, and to grant augmentationes to ilke ministeres of other kirkis nor beshopes kirkes who gote not the benefiet of the former commissione and have not the full quantitie of eight chalderes victuell or eight hundreth merkes according to the tennoures of the actes of parliament in anno 1633, wherin that is fund to be the lowest proportion for the mentinance of the ministeres except such particulare kirkes occure wherein there shall be juste, reassonable and expedient causes to goe beneath the said quantity, which is heirby also referred to the conscionable consideracione of the commissioneres befor exprest; and to grant augmentationes to ministeres of kirkes which were provydit by the former commission bot to a lesse quantity then eight chalderes victuell or eight hundreth merkes in the caisses eftirfalloweing allenerly, viz: wher the teyndis in whole or in pairt are fewed with the landis cum decimis inclusis wherby the ministeres wer debared of the full quantity foirsaid, or where the valuationes allreddy led the tyme of the provisione of these kirkis shall happene to be reduced as wnjustlie valued, or wher it can be provydit by write or oath of pairty that the lese quantity foirsaid proceedit from pactiones betuixt the titular and the ministers or titulare and parochineres in prejudice of the ministeres successoures, or wher the honest incombentes for the tyme wer impeded by the prelates for ther nevir practeising conformity to obteene the full quantity in the former commissione, albeit ther was sufficiency of teyndis within the paroche, in the which caises or any of them, it is heerby declaired that the ministeres provydit by the former commissione shall be suppleed to the full quantity foirsaid. Heerby it is declaired that all beshopes kirkes, whither or not provydit at all or provydit by the former commissione, but beneath the quantity foirsaid, shall be supplied to the full quantity of eight chalderes victuall or eight hundreth merkes out of the teithes of there owne parishe; and wher the samene cannot be had, then out of the teyndis of the other kirkes of that beshoprike; and that all kirkes that had greater quantity of stipend before the restitutione of beshopes nor they now have (except they have bene deminished by just valuationes) shall be supplied and brought to the same quantity wherof they were in possesione before the said restitutione, to be payed out of there owne paroche; and where it is inlaikeing to be payed out of the teithes of the beschopes kirkis. For the which effect, the kingis majestie and estates of parliament grantes power to the commissioneres foirsaid, or any quorum of them, and als gives power to the saidis commissioneres to disjoyne too large and spacious kirkis and plant them severally, and to cause build and erect new kirkes and appoynt competent provisiones for the ministeres; to change kirkes incommodiouslie situate to a more commodious pairt of the paroche; to disjoyne and dismember such pairts and portiones of the parochines lying contigue, and wherof one pairt is farre distante from the proper paroche kirke and more neere and ewest to the next adjacent and contiguous paroche kirke from ther owne proper paroche kirke from the which the pairtes and portiones are farder distante and to unite and adjoyne theme to the other paroche kirke to the which they are most ewest; and als to unite kirkis and parochines lying so neere other and being so litle boundes and small nomber of parochineres that the unione of them shall be fund more wsefull and conduceable for the good and case of the parochineres of bothe the kirkes and ther edificatione, provyding that the devyding of large paroches, the dismembring of ane pairt of the saidis paroches in cases foirsaid and the uniting of kirkes and parochines of the qualitie abovespecified be done wpoun the speciall recommendatione of the presbetry, synod or generall assembly givene in in write and eftir the commissioneres have cited and hard the parochineres of both kirkes theranent and no otherwayes; and to set doune a solid order and take course for furnishing the elementes to the commission tuice in the yeere or oftener wher they are not provydit at all or not sufficientlie provydit, and als to take order for paying of the chairges of the commissioneres to the generall assemblyes without burdeneing the ministers stipendis thairwith; and sickelyke with power to them to advyse, take course and determene in all thinges referred to them by any particulare act or reference from the generall assembly to this parliament or from the parliament to them. And because the kingis majestie, considering that the names and tytles of beshopes and beshoprikes by the actes and statutes of kirke and kingdome are abolished and suppresed, and that therby the teithes, personage and viccarage, and teynd dueties of whatsoevir kirkes or titles perteaneing to the saidis beshoprikes are become in his majesties handis and at his majesties disposing, and his majestie being gratiouslie pleased out of his pious and royall affectione to the mentenance of true religione and puritie therof presentlie established within this his majesties ancient and native kingdome to take such ane course with the teyndis and teynd duetyes perteaneing to the saidis beshoprickes and of all teyndis and kirkes annexed therto that the samene may be applied to the wse and benefite of the ministeres serveing the cure of the saidis kirkes and to the mentinance and supply of wniversityes, colledges and schooles; lykeas his majestie, before his comeing to this his ancient kingdome in his owne royall persone, sent and directed his lettires to the generall assembly of the kirke conveened at Edinburghe in Julii last, wherby his majestie declaired his constante purpose and resolutione to imploy the saidis teyndis of the saidis beshoprikes to the wses abovespecified, and therfor his majestie, according to his royall promeise and for performance therof, heath declaired and by this presentes declaires, by advyse and consent of the estates, that the teynds and teynd dueties of all and whatsomevir kirkes, personage and viccarage therof, and teyndis of what somevir nature perteyncing to the saidis beshoprikes shall be applyed to the mentinance of the ministry and of the wniversities and colledges and other pious wses and to† other wse, and that according as the same shall bee particularlie distributed by the commissioneres forsaid, to whom his majestie and estates grantes power for this effect. And declaires all giftes granted or to be granted by his majestie to whatsomevir persone or persones of the foirsaidis teyndis or teynd duetyes or any pairt therof, except to the wses foirsaid, to be null in the selfe, excepting allwayes all giftes allreddy granted by his majestie to whatsoevir persone or persones of ther owne teyndis and to the mentinance of wniversities and colledges, they and everie one of them being allwayes lyable to the plantatione of kirkes to the full quantity conteened in the actes made theranent. Lykeas it is declaired heerby that all teyndis and teynd dueties which belonged to chapteres, deanes, subdeanes and other dignities of the chapteres shall be lyable to the lyke provisiones of the kirkes which were annexed therto, according to the proportione of eight chalderes victuell or eight hundreth merks forth of the teyndis of there owne parochines allenerlie, according to the act of parliament. And sicklyke with pouer to the saidis commissioneres as said is to take order that everie heritour and lyferenter of land haveing right therto by infeftment of lyferent, right of terce or by band for infeftment of lyferent shall have the leading of ther owne teyndes, personage and viccarage therof, they paying the pryce conteyned in the act abovespecified, incase they be willing to buy the same from the titular haveing power to sell, or wtherwayes paying the rate of teynd exprest in the actes mad theranente. And to that effect, with power to the saidis commissioneres to set doune the pryce of sellable teyndis, according to the worth therof in eache pairt of the cuntrey wher the samene grow and are bred, and als with pouer to them to set doune such good and ample securities as may stand by law bothe for the buyeres of the teyndes, to the effect the titulares may be fullie denudit in ther favores, and also for securitie to the titulares and selleres of the pryce due to be payed to them for the saidis teyndis, and also to set doune the security in favoures of the titulares and of the ministeres so fare as consernes the mentenance assigned to them for good, thankefull and tymous payment of the rate of teyndis where the samene are not or cannot be sold. And sicklyke with power to the saidis commissioneres to discuss and determine all questiones which may aryse betuixt the titulares and heritoures anent the pryce of teyndis, according to the nature and quality of the rightes to be sold, whither the same be heritable or temporall, and to proportionat the pryce accordinglie, and also to devyd the pryce of teynd betuixt the heritoures and lyferenteres therof, and betuixt titulares and takesmen and otheres who have severall and distinct rightes to the saidis teyndis sellable according to the quality of the rightes. And also with power to them to cause the titulares who sell ther saidis teyndis to exhibite there rights and tytles to the effect they may be laufullie denudit therof in favoures of the saidis heretoures and lyferenteres respective, without prejudice allwayes to his majesties annuity to be payed forth of the saidis teyndis by the saidis titulares of teyndis or heritoures or lyferenteres of landis according to the tennour of the act of annuitie. And generally with pouer to thair saidis commissioneres to decyde and determine in all other poyntes which may conserne the leading and draweing of teyndis, the selling and buying of the same or payment of the rates therof conteyned in the actes of parliament made theranent. And wheras it may fall out that some of the commissioneres now appoynted by his majestie and estates may be wnable to attend the service be seeknes or some other notour and knowne impedimentes, therfor his majestie and estates declaires such other persones shall fill ther places as his majestie shall thinke fit by advyce of the remanent commissioneres who most receive and admit them wpoun the said commissione and take there oathes for faithfull dischairge of the same. And his majestie and estates ordeanes this present commissione to endure wnto the [...] ay and while the samene be expressly by his majesties warrand dischairged with consent of the estates for that effect. And his majestie, with consent of the estates forsaidis, findes, declaires and ordeanes the actes, decreetes and ordinances of the commissionares foirsaid and of the other persones who shall be surrogat in thair places by his majestie, in maner foirsaid, in the whole particulares abovespecified, and everie one of them to have the force, strenth and effect of a decreet, sentance and act of parlliament, and ordeanes the lordis of sessione to grant and direct letteres of horneing, poynding and otheres therwpoun wpoun ane simple chairge of ten dayes or otherwayes as shall be fund necessary. Attour, for cleering of all doubtes and difficultyes which may aryse anent the rectifieing of valuationes or other particular heades falloweing, his majestie and estates have declaired and declaires that wher valuationes are laufullie led againest all pairties haveing intrest and allowed by the former commissioneres, according to the order reserved by them, that the samene shall not be drawne in questione nor rectified wpoun pretence of enorm lesioun at the instance of the minister not being titular or at the instance of his majesties advocat for and in respect of his majesties annuitie, except it be proved that collusione was wsed betuixt the titulare and heritoure or betuixt the procuratour fiscall and heritoures and titular, which collusiones is declaired to be wher the valuationes are led with diminutione of the third of the just rent presently payed and which diminutione shall be proved by the pairties oathes. It is allwayes declaired that the provisiones of the former commissione, sua farre as they are conceived in favoures of the colledges, hospitalles and ministeres, are heerin renued, as also that ministeres serveing the cure who leade ther teyndis and that colledges, schoolles and hospitalles be not constrayned to sell, set nor dispone ther teyndis in prejudice of there successoures notwithstanding of the valuationes therof. Lykeas the kingis majestie and estates grantes power to the saidis commissioneres to doe everie thing necessary for setling and establishing the right of any teyndis of the prelacyes appoynted by them in favours of the saidis kirkes, schooles, wniversities and colledges according to ther severall divisiones and also to set doune reules and wayes how the same shall not thereftir be delapidate or made worss by the titulares for the tyme. And his majestie and estates declaires that all his majesties subjectes who are willing to buy ther teyndis shall be obleist to pay the pryce therof conteened in the act made theranent within the space of tuo yeeres efter the samene beis valued and approvene befor the saidis commissioneres, and that efter the expyreing of the said tyme, the titulare shall not be compellit to sell the samene except they doe it of ther owne good will, with this declaratione allwayes: that incaise the impediment flowe from the titular by reasone of his minority or other inability indureing the space foirsaid, in that caise the heritour who offereth himselfe reddy to buy his owne teynd within the space foirsaid shall have place so soone as the impediment is removed to buy his teyndis, notwithstanding of the expyreing of the yeeres and space aboveexprest. And it is declaired if the heritoures be minore and ther tutores neglect the buying of his teyndis within the space foirsaid, the minor shall have actione for tuo yeeres eftir his minority to compell the titulare for selling of the saidis teyndis. Lykeas his majestie and estates of parliament grantes power to the saides commissioneres to give recompence to pairties for the augmentatione of stipendis to be imposed by this present commissione as was done in the same way by some former commissiones, as 1617 yeeres. Lykeas it is heirby declaired that wher by mistaking and wrong compting ther wes a greater quantity assigned to the minister out of many menes teyndis nor is due by proportione according to the valuatione, that the commisioneres may rectify the same without diminishing the ministeres stipend or wronging his possessione wntill it be givine out of other teyndis of the paroch. Lykeas it is declaired that wher the assignationes are made wronge in the quality, that the same might be reduced to the just nomber of bolls of meale, beare and wheate ansuerable to the valuatione. With power also to the saidis commissioneres to assigne the fewe dueties of the pairtes of land callit persones and viccares gleebes to the ministeres and otheres serveing the cure.