Sexagesimo sexto die huius sessionis parliamenti
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Prayer said and rolles callit.
Rege presente.
The quhilk day the supplicatione givine in to the parliament be Maister John Guthrie, late pretendit beshope of Murrey, desyreing to be put to libertie forth of the tollbooth of Edinburgh wher he remaines incarcerat, being red in audience of his majestie and estates of parliament, his majestie and estates foirsaides ordeanes the said Maister Johne Guthrie, supplicant, to be put to liberty forth of the said tolbooth of Edinburgh wher he presently remanes, and for this effect gives warrand to the proveist and baillies of Edinburgh for puting of the supplicant to liberty forth of ther said wairdhouse, with provisione he doe not returne to the dyocie of Murrey.
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Our soverane lord, considering that by the late articles of the treattie concludit betuixt the commissioners of his majesties kingdome of Scotland and England, ratified by parliamentes of bothe kingdomes, it is thought fit and necessarie, for observeing the saidis articles of treatty mad for establishing a firme and constant peace, that pouer and commissione be granted from his majestie, by advyce of the estates of parliament of bothe kingdomes, to the effect conteened in the said articles of treatty. For performance wherof, wpoun the pairt of his majesties said kingdome of Scotland, his majestie, with consent of the estates of the said kingdome, by thir presentes, gives and grantes power and commissione to the persones efterspecified, viz: Johne, lord Loudoune, chancellour, James, duke of Lennoxe, James, marques of Hammiltoun, Archbald, erle of Argyle, Williame, erle of Mortoun, Alexander, erle of Eglingtoun, Williame, erle of Glencairne, Charles, erle of Dumfermeling, Robert, erle of Roxburghe, Williame, erle of Lothiane, Johne, erle of Lauderdaill, George, erle of Kinnoule, Williame, erle of Lanarke, Alexander, erle of Levine, Johne, lord Lindesay, Johne, lord Ballmerino, James, lord Almond, Sir Patrike Hepburne of Wauchtone, Sir George Dundas of that Ilke, Sir Thomas Mortoune of Cambo, Sir Patrike Hammiltoun, Sir Thomas Hope of Kerse, Sir Robert Innes of that Ilke, Sir Archbald Johneston, Sir Alexander Erskeene of Dun, Sir David Home of Wedderburne, Sir Robert Greirsone of Lag, Sir Williame Scote of Harden, Sir Johne Charteres of Amisfeeld. [...] Ruthven of Freeland, [...] Campbell of Cesnok, Sir David Grahame of Morphie, Sir Harie Montgomery of Giffen, Sir Williame Forbes of Cragivare, Sir William Douglas of Cavers, Edvard Edger, Patrike Bell, Williame Glendonying, Johne Smyth, Maister Robert Barclay, Thomas Durhame, James Fletcher, Patrik Lesly, Thomas Bruce, George Bell, James Suord, Johne Rutherfoord, Maister Johne Corser, Hew Kennedy, Johne Semple, Maister Robert Cunyngham, Maister Alexander Douglas, Richard Maxwell, or any tuelve of them, with power to them or any tuelve of theme as said is, ther being at least tuo of everie estate at any tyme or tymes in the interim betuixt the siting of the parliamentes, to conveene amongest themselves or with the commissioneres chosine or to be chosene to the same effect by his majestie, with consent of the parliament of England, within which is includit the kingdome of Ireland, at whatsoevir tymes and places convenient to be accordit wnto amongest themselves, and to be cairfull that the peace now happilie concludit may be continoued and to endevore by all laufull meanes for preserveing and keeping the saidis articles of peace concludit in the foirsaid treatty allenerly, and therwith to use all ther caire to preveene all trouble and divisione which may aryse by the breakeing and violating of any of the saidis articles concludit in the said treatty as said is. And if any debate or difference shall happen to aryse to the disturbance of the said commoune peace, that they laboure to remove ore compose the samene according to thair power granted to them in maner foirsaid and no otherwayes, it being allwayes provydit that for all there proceedingis in this kynd they shall be ansuerable for the laufullnes therof to the kingis majestie and the parliament respective. And if any thing fall forth beyond ther power and which cannot be remedied by them, that they informe themselves of the particulares therof and represent the samene to his majestie and to the ensueing parliaments respective that by his majesties wisdome and authorie and theires, all occasions and causes of troubles being removed, the peace of the kingdome may be perpetuall to all posterity. And it is declaired that the power of this commissione shall be restrayned to the articles of peace concludit in the said treatty as said is, and shall endure for the interim betuixt parliamentes allenerly, and shall expyre at the nixt ensueing parliament, at the which the saidis commissioneres shall be holden to give ane accompt of ther diligence and proceeding in the premiss.
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Our soverane lord, with consent of the estates of parliament, considering that there are sindrie heades of the articles of the treattie of peace betuixt his majestie and his subjectes and betuixt his majesties kingdomes of Scotland and England which are referred to be takine in consideracione by the commissioneres to be appoynted by his majestie, with consent of both parliaments, who shall have pouer to advyse and treate therwpon and to reporte ther proceedingis therine to his majestie and to the parliament of both kingdomes respective, and specially the articles eftirspecified; and his majestie, with consent foirsaid, being willing that a commissione be exped one ther pairt for advysing and treating wpoun the saidis articles with the commissioneres chosene or to be chosene by his majestie, with consent of the parliament of England, within which is includit the kingdome of Ireland, therfore, his majestie, with consent and advyse of the estates, gives and grantes full pouer and commissione to the persones eftirspecified: Williame, erle of Lothiane, Johne, erle of Lindsay, Johne, lord Ballmerino, Sir Thomas Myretoune of Cambo, Sir Thomas Hope of Kerse, Sir Archbald Johnestoune of Wareistoune, Sir Johne Smyth of Grottell, burges of Edinburghe, Patrike Bell, merchand burges of Glasgow, and Maister Robert Barclay, burges of Irving, as also to Johne, erle of Loudoune, chancellor of Scotland, and Archbald, marqueis of Argyle, earle of Kintyre, lord Lorne, or any of them tuo who bees at court, to be of the commissione with the remanent commissioners abovenamed. With power to the saidis whole commissioneres abovenamed (or any fyve of them, ther being one at least of everie estate) to conveene with the commissioneres chosene or to be chosine by his majestie, with consent of the parliament of Ingland (within which is includit the parliament of Ireland as said is) at whatsoever tymes and places convenient to be accordit one amonges them, and ther to consult, advyse, treate and agree wpoun the speciall headis and articles falloweing, viz: anent the demand conserneing the makeing warre with forraigneres and anent leagues and confederacions to be mad wth forrane princes and estates; and conserneing mutuall supplie incaise of forrane invasione; and also conserneing mutuall trade and commerce betuixt the kingdomes of Scotland, England and Ireland, and anent the pressing of shipes or men by sea or land; and als anent naturalizatione and mutuall capacity of the subjectes of both kingdomes who either of them respective of all dignityes, liberties, priviledges and other benefites, ecclesiasticall or civill, and otheres of that nature; and conserneing the laufullnes and solemnity of the extractes of bandes or decreetes in either of the saides kingdomes; and als conserneing the maner of saife conduct for transporting from England to Scotland by sea or land in such a way as may be most secure and least chargeable to the estate of Scotland off the money givine and promitted by way of brotherlie supply and assistance to the estate and kingdome of Scotland by the parliament of England; and conserneing what assistance Scotland shall give to England for the suppressing of the rebellione in Ireland or to the Prince Elector conforme to the instructiones givine or to be givine to them for that effect by the lordis of secreet counsell, to whom his majestie and estates of parliament remittes the same; and what the saidis commissioneres there treates with the saidis commissioneres of England and Ireland resolves and concludis wpoun, that they may mak tymous and due report therof to his majestie and the estates of this kingdome.
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Our soverane lord, with advyce and consent of the estates of parliament, considering that his majestie being now actually present in his royall persone in this his native and ancient kingdom, and willing before his returne to England (wher his majesties more ordinarie residence heath bene heirtofore and will apparentlie be in tymecomeing) to leave behind him such a pledge and testimony of his tender respect, royall caire and faitherlie affectione for establishing the good and happie governement of this his majesties ancient kingdome, as in some measure may supply the want of his royall presence amongest them, heath to this effect, out of his native goodnes, condishendit to ane act mad in this present sessione of parliament, with consent of the estates, wherby his majestie, for himselfe and his successouris, heath willed and enacted and ordeined that now, and in all tymecomeing, the officeres of state, lords of secreet counsell and lordis of sessione one whose caire, wisdome and fidelity in ther severall judicatories (which nixt wnto the supreme court of parliament are the cheefe and principall judicatories) dependis the weell and happines of the governement shall be chosene now and in all tymecomeing by his majestie and his successoures, with advyce and approbatione of the estates of parliament when they are siting, and for the interim, with adyse of the lordis of secreet counsell and sessione respective, as in the said act of parliament at more lenth is conteyned. Therfore his majestie heath, with speciall advyce and approbatione of the saidis estates, nominated, elected and chosene the persones eftir falloweing: Lord Loudoune, chancellour, Duke of Lennox, Marqueis of Hammiltoune, Erle of Argyle, Erle Mershall, Erle of Sutherland, Erle of Mar, Erle of Mortoun, Erle of Eglingtoune, Erle of Cassilles, Erle of Glencairne, Erle of Murray, Erle of Pearth, Erle of Dumfermeling, Erle of Wigtoune, Erle of Kinghorne, Erle of Roxburghe, Erle of Seaforth, Erle of Lauderdaill, Erle of Lothiane, Erle of Kinnoule, Erle of Southeske, Erle of Weymes, Erle of Dalhoussie, Erle of Findlater, Erle of Lanarke, Erle of Levine, Lord Angus, Lord Lindesay, Lord Yester, Lord Sinclair, Lord Elphingstoun, Lord Ballmerino, Lord Burghly, Lord Almond, Lord Balcarras, clerke register, advocat, justice clerke, thesaurer deput, maister of requeistes, Sir Robert Gordoune, Sir Williame Douglas, Sir Patrike Hepburne, laird Dundas, laird Fintrie, laird Cambo, laird Dune, laird Innes, laird Morphie, the proveist of Edinburghe for the tyme being and thir supernumerary counsellouris Englishe viz: [...], erle of Arrundaill, [...], erle of Pembrok, [...], erle of Salisburry, [...], erle of Holland, to whom, or any nyne of them by these supernumerary abovenamed, his majestie, with advyse and consent of the said estates, heath committed and committes the administratione and governement of this his majesties native kingdome in all efffaires conserneing the peace, good and happines therof, which by the lawes and custome of this kingdome perteenes to the judgment, cognitione and determinatione of his majesties privie counsell. With power to them, or any nyne of them as said is, to meet and conveene at the place appoynted for the ordinare residence of his majesties privie counsell within the burgh of Edinburghe, or at any other place or places which by commoune consent incaise of any necessity or wrgent occasione therof shall be fund most fit and convenient, and there to advyse, consult, deliberate, conclude, decerne and determine upon all and sindrie effaires, purposes and actiones which may conserne the good and peace of the kingdome, according to the lawes and actes of parliament established or to be established within the samene, and to heare, decyde and determine wpoun all causes and actiones betuixt subject and subject proper to be desydit by the lordis of his majesties privie counsell, and that none be present at thair inciting bot such as are of the privie counsell, with the clerk of the privie counsell, whom his majestie, with advyse foirsaid, continowes in his place as of before. His majestie, with advyce and consent foirsaid, heath lykewayes given and granted, and by the tennour heirof gives and grantes, full power and commissione to the said counsell and everie one of them wpoun any interveening occasione of disorder or trouble in such pairtes of the cuntrey wher they shall remaine for the tyme to command or chairge the persone or personis, committeres of such disorderes, to observe and keepe his majesties peace, and to chairge the contraveeneres therof to entir ther persones in waird in such pairt or places, or within such ane short space as the said counsellour shall thinke meete, ther to remane till order be takine by a full nomber of the counsell in the mater wherin they have offendit, provyding allwayes he be comptable to his majestie and the rest of the counsell, and that no just cause of complaint be hard aganes him. And if the persone or persones so chairged to waird shall happen to disobey and contemne the chairge, his majestie, with advyse and consent of the saides estates, declaires that wpoun report thairof to the counsell a pecuniall soume shall be imposed wpoun the offender, according to the qualitie of his persone and nature of his offence; and the counsell is to cause apprehend the offenderes and committ them to waird. With power likewayes to the said counsell to make and set doune actes and ordinances for governement of the kingdome and suppressing of disorders within the same. With power lykewayes to the said counsell to give and appoynt assessores to the justice generall and his deputes incaise of necessity, and to give warrand to the said justice, his deputes and assessores for continuing executione efter convictione or for mitigating the punishement of the law in criminall causes if the nature and quality of the crymes shall requyre, and to grant commissiones of justiciarii in materes criminall and other commissiones in materes conserneing the weale of the kingdome. And als with power to them to give warrand to the said justice generall, his deputes and otheres commissioneres foirsaidis for imponeing of fynes or pecuniall soumes upoun the crymes of adultery, beareing and wearing of hagbittes and pistolles, wsury and such other trangressoures of the actes of parliament wher the punishement by law is inflicted wpoun body or goodes or lefte to the arbitriment of the judge. And lykewayes with power to them grant exemptiones from hostes, reades, assyses and licences for depairting out of the kingdome according to the conditiones conteyned in the act of parliament, and alse with power to the said counsell, incase ane open and avowed rebellioune shall happen to be raised within the said kingdome which cannot be suppressed bot by force, to give commissione of leutennentrie and justiciarie for repressing of the said rebellione, and to direct chairges to such pairtes of the cuntrey as they shall thinke fit for concurrence to be givine in executione of the said commissione, and to give order and directione to furnishe and advance the soumes of money that shall be requisite in such expeditiones. With pouer lykewayes to the said counsell to raise the sessione wpoun any interveeneing occasione or necessity and to appoynt tymes and places of thair dounesiting†. And generally, with power to the said counsell to doe, wse and exerce all and everie thing which the counsell of the said kingdome did or might have done the tyme of his majesties late father, provyding allwayes, lykeas his majestie expreslie provydes with advyse and consent forsaid, that this commissione shall nowayes be prejudiciall to the commissione of exchequer. And it is declaired that any nyne of the said counsell shall be ane sufficient nomber and make a sessione, provyding the lord chancellour be one of the nyne, and incaise of the absence of the lord chancellour, it is declaired that it shall be laufull to any nyne ore moe of the counsell conveened in the ordinar place and at the indicted tyme of meeting to choose one of the nomber conveened who shall preside at the meeting als ofte as the lord chancellour shall be absent. And his majestie and estates, considering that the often absence of the most pairt of the counsell and ther not attendance wpoun the chairge and trust concredited wnto them will be a great impediment and hinderance to his majesties service, therfor his majestie, with advyse foirsaid, declaires that it is his speciall pleasure and command that the lord chancellour or president of the counsell to be elected as said is do sie and provyde that the counsell be frequent, speciallie in great and weighty materes of estate, and if wpoun occasione that requyres the nomber of the counsell to be more full then the said quorum, the lord chancellour or president to be elected in maner foirsaid shall writ to such otheres of the counsell as they thinke fit to be present and give there attendance, and if any disobey without licence from his majestie or the quorum of the counsell or without some reassonable cause (either of which shall excuse ther absence) then, and in that caise, his majestie, with advyce foirsaid, willes that the absent shall be censured by the said counsell as a neglecter of his majesties service and that his majestie be adverteised therof. And it is declaired that if any of the saidis counselloures places vaikes by decease, demishing or deprivatione, that his majestie in the interim shall nominat ane other of the same degree and quality in the vacant place with advyce of the most pairt of the lordis of privie counsell, they being all present at the said electione, at the least laufullie wairned to that effect wpoun fyfteene dayes warneing conforme to the act of parliament mad theranent, which electione made in the interim as said is shall be allowed or disallowed by his majestie with consent of the estates in the nixt ensueing parliament as they shall thinke expedient. And als his majestie, with consent of the saidis estates, gives pouer to the saidis lordis of secreet counsell, or any nyne of them as said is, to set doune such reules and orderes for there meetingis and attendance, and tymes and spaces therof, as they shall resolve, appoynt and ordeane amongest themselves, and willes and declaires that the saidis lordis of secreet counsell now nominat as said is, and these who shall be surrogate in there places in the interim in maner foirsaid, shall have, brooke and enjoy ther places ad vitam vel ad culpam and shall be lyable to the censure of his majestie and estates of parliament anent ther proceedingis therin, firme and stable holding what evir by the saidis lordis, or any nyne of them as said is, shall be laufullie done in the premiss, and decerns and ordeanes all his majesties leiges and subjectes to reverence, acknowledge and obey the saidis lordis of his majesties counsell in all thinges conserneing the chairge and truste committed to them as said is wnder all hiest pane and chairge which eftir may fallow, and this commissione to endure to the nixt parliament and longer ay and whill the samene be expresly dischairged.
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The estates of parliamente, considering that wheras there are diverse and sindrie persones indited and accused befor this parliament as guilty of certane crymes committed by them againest the state and to the prejudice of the peace of this kingdome, newertheles the saidis estates of parliament, considering that by Gods mercee and providence and by his majesties great wisdome all our tempestes are turned into the calme of ane happie peace, and that tryell is takine anent the persutes and process for which the saidis persones are cited to the parliament, doe heerby, out of a respect to his majestie, to whom they knowe the samene will bee acceptable, declaire that they have acquyted and dischairged, and heirby acquytes and dischairges, all other persones cited and callit to appeare before them to ansuer for whatsoevir cryme or misdemanore committed dureing the late troubles. And declaires the act of pacificatione and oblivione and benefite therof to be extendit to them sicklyke as if they had not beene cited before this present parliament and but prejudice allwayes of the restitutione to privat pairties, conforme to the said act of pacificatione conteyned in the treatty, and of all laufull sentances recovered againest any of the saidis persones befor the committie of estates. And declairs that this act doeth not extend to the incendiaryes or plotters bot only to such otheres who are cited to the parliament as wnfreendis.
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The quihilk day the kingis majestie, with advyse and approbatione of the estates of parliament, nominated and elected Sir James Galloway to be maister of requeistes of this his heighnes ancient and native kingdome of Scotland and that ad vitam vell culpam, conforme to the act of this present parliament made anent the officeres of estate, counselloures and sessioneres upoun the sexteine day of September last by past. Lykeas his majestie, with advyse and approbatione foirsaid, gives and dispones to the said Sir James Galloway, ad vitam vell culpam as said is, the foirsaid office to be maister of requeists of this his majesties kingdome, with all honoures, dignities, proffites, casualities and liberties perteaneing to the samene office which have bene possest and brooked by any preceeding maister of requeistes, and which may be now bruiked by the lawes of this kingdome. And ordeanes a gifte to be past and exped wnder his heighnes great seale to the said Sir James Galloway of the foirsaid office, with all honoures, dignities, proffites, casualities, liberties and priviledges perteyneing and belonging therto as said is.
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Our soverane lord and estates of parliament, haveing takine to consideracion that in the sessione of parliament conveened by his majesties authoritie wpoun the ellevint day of June 1640 yeeres full power and warrand was givene to the praeses and quorum of the committie of estates therine appoynted for directing, in the kingis majesties name and in name of the estates of parliament, sommondes and preceptes to the lyone king at armes and his brethrene herauldis, pursevantes and maisseires to warne and chairge the persones wnderwrittin, viz: Johne, erle of Traquair, Sir Robert Spootswode of Donypace, kyncht, Sir Johne Hay of Landes, late clerke register, Doctor Walter Ballcanquell and Maister Johne Maxwell, somtyme pretendit beshope of Rose, to compeir personally befor the parliament at certane dayes and dyettes bygone; and that conforme to the said warrand of parliament sommondis were raised and intendit at the instance of Sir Thomas Hope of Craighall, kyncht barronet, and at the instance of Sir Thomas Nicolsone of Carnok, knight barronet, Maisters Rodger Mowat, Alexander Peirsonem, James Baird and Thomas Nicolsone, procuratores of the estate, to compeir before the kingis majestie and estates of parliament at certane dayes and dyettes now bygone to ansuer for the crymes of treasone and other crymes conteened in the said sommondis and preceptes of the dait the [...] day of [...] yeires. And alse our soverane lord and estates of parliament, considering that sommondis and actiones are depending before our said soverane lord and the estates of this present parliament against James, erle of Montrose, Archbald, lord Naper, Sir George Stirling of Keir, kyncht, Sir Archbald Stewart of Blakehall as haveing beine plotteres, devyseres and machinatoures of courses aganes the publick weale, and as haveing bene the committeres of other severall crymes and foirfaultes particularlie specified and conteened in the said sommondis reaised and depending against the said Erle of Montrose, Lord Naper, Lairdes of Keir and Blakehall befor the kingis majestie and the estates of this present parliament of the dait the [...] day of [...] 1641 yeeres, as the samene at mair lenth beires, therefore our soverane lord and the estats of this present parliament, for the further examinatione and tryell of the persones abovespecified, ther guiltienes of the poyntes and crymes abovewrittine conteyned in the sommondis particularlie and respectivelie abovenamed, gives and grantes by thir presentes full power, authority and commissione to the persones eftirmentioned, viz: Johne, lord Loudoun, chancellor, Johne, erle of Lauderdaill, [...], erle of Weymes, Robert, lord Burghlie, James, lord Couper, George, lord Forrester, Sir Johne Hammiltoune of Prestoune, Sir Williame Cokeburne of Langtoun, Harie Montgomerie of Giffen, Sir George Dundas of that Ilk, Sir Johne Wauchope of Nidrie, Williame Rige, for the toune of Linlithgow, George Bell, Thomas Bruce for Stirveling, Maister George Gray for Haddingtoun, George Gairdine for Bruntyland and Robert Cunynghame for the toune of Kinghorne, James Suord for St Androes, and Sir Alexander Gibsone of Durie and Sir Adame Hepburne of Humbie, tuo of the ordinar senatoures of the colledge of justice, or to any quorum of the said nomber of the saidis persones being present for the tyme (which quorum shall consist of nyne, tuo being of ilke estate, by the saidis tuo judges abovenamed) to proceed in all further examinacion of the poyntis of the saidis crymes consisting in facto and that by examinatione of witness and by write or other probatione competent of the law againest so many of the persones foirsaidis as are not compeiring without all farder citatione in respect of ther absence and contumacy; and als to call and conveene befor them the foirsaidis persones aboverehearsed in the said sommondis, particularlie and respectivly abovewrittin, so many of them as are incarcerate before them at such dayes and dyetes as they most conveniently shall appoynt at Edinburghe, the fourt day of Januar nixtocome, which is appoynted to be the first day of ther meeting; and ordeanes these who are incarcerated to be cited personally and these who are out of the cuntrey at the mercat croce of Edinburghe peir and shore of Leith, to ansuer before the saidis persones commissioneres appoynted by thir presents for the crymes particularlie and respectively conteyned in the said sommondis abovewrittin, to the effect they may be further examinat by them and may object against such witness as shall be cited to compeir to depone in the said mater. With full power and commissione to the saides persones or quorum foirsaid to proceed in the cognitione of the crymes particularlie and respective abovewrittin, to the discussing of the relevancie of the sommondis particularlie and respective abovewrittin, and to the receiveing of all lauchfull probatione in the saidis crymes abovewrittin againest the saidis persones particularlie sommondit as is abovewrittin; and to that effect, to direct ther precepts and sommondis for sommonding of witness in the particulare crymes respective abovespecified, wnder the paine of horneing, and generally all and sindrie other thinges to doe for the exact tryell of the saidis persones, provyding allwayes that the saidis persons commissioneres as is abovespecified, appoynted by thir presentes, shall not proceed, lykeas our soverane lord and estates of parliament presentlie conveened by thir presentes dischairges the saidis commissioneres and quorum foirsaid to proceed to any decisione in the said poyntes or crymes or to pronunce any sentance convictive againest the saidis persones particularlie abovewrittin sommoned to this present parliament, particularlie and respective as said is, bot only that the commissioneres foirsaidis shall doe ther diligence in the poyntes particularlie abovespecified committed to them in discussing the relevancy of the said sommondis, particularlie and respective abovewrittin, and in receiveing all legall probatione therwpoun. And the commissioneres or quorum forsaid to proceed with all diligence and make ther report conserneing the relevancy and how far they shall find the same proved or not without pronunceing any further sentance against them or any of them, and that they finishe the process and tryell befor the first day of Merch nixtocome.
[1641/8/187]*[print] [email] [cite] [preceding] [following]
The estates of parliament, considering that wheras albeit Johne, erle of Traquair, Sir Robert Spotswood of Donypace, kyncht, Sir Johne Hay of Baro, kyncht, late clerke register, Doctor Walter Ballcanquell and Maister Johne Maxwell, somtyme pretendit beshope of Rosse, are cited before them and accused as guilty of divers haynous and treassonable crymes perpetrated and committed by them againest the commoune wealth, conteened in ther severall ditties, which they have just reason to prosecute, newertheles the saidis estates of parliament, taking into ther consideracion his majesties gratious goodnes towardis this his native kingdome and his fatherlie cair and wisdome in composing of all past differances and provyding for the future, to the great joy and happines of his subjectes, doe in retributione therof, with ane wnanimous consent, to testifie ther hight respect and thankfullnes to his majestie and that his majestie may joyfully returne ane contented prince from a contented people to the setling of his royall effaires in his other dominiones, beliveing that the samene will be acceptable to his majestie and conduceable to the good and peace of the kingdome, declaire that for acquyting themselves of ther oath they will only proceed to the exact tryell of the saides pairties by a committie to be appoynted and authoreized by the king and parliament, in respect the present necessity of ther other effaires. And efter tryell shall be takine of the saidis persones and of the crymes wherof they are accused, the parliament declaires that they will not proceed to a finall sentance, nor insist wpoun the punissmient of those persones, bot that they doe for the reassones foirsaid freelie remite them to his majestie. The estates of parliament, considering that wheras albeit James, erle of Montrose, Archbald, lord Naper, Sir George Stirling of Keir, kyncht, Sir Archbald Stewart of Blakehall are cited befor them and accused as guilty of diverse crymes and misdemanores committed by them to the just offence of the estates of parliament and derogatorie to the great trust and confidence had of them, and albeit the parliament have just reassone to prosecute ther process, yit nevertheles the saide estates of parliament, taking into ther consideracion his majesties gratious goodnes towardis this his native kingdome and fatherlie cair and wisdome in composing all past differences and provyding for the future, to the great joy and happines of his subjectis, doe, in retributione therof, with ane wnanimous consent, to testifie ther heighe respect and thankefullnes to his majestie, and that his majestie may joyfullie returne a contented prince from a contented people to the setling of his royall effaires in his other dominiones, beliveing that the samene will be acceptable to his majestie and conduceable to the peace and good of the kingdome, declaire that for acquyting themselves of ther oath they will onlie proceed to the exact tryell of the saidis pairties by a committie to be appoynted and authoreized by the king and parliament, in respect of the present necesity of ther other effaires, and eftir tryell shall be takine of the saidis persones and of the crymes wherof they are accused, the parliament declaires that they will not proceed to a finall sentance nor insist wpoun the punishmient of the saidis persones, bot that they doe for the reassones foirsaides freelie remite them to his majestie.
At Edinburgh, the sexteene day of November 1641 yeeres, the parliament haveing expressed ther respect and thankfullnes to his majestie by remitting wnto him these that are cited as incendiaries and otheres according to ther abovewrittin declaratione, hee was gratiouslie pleased (the bettir to testifie his princlie cair and to prevent any feares that may be conceived from the medling of those persones in the effaires of state or court) to make this declaratione fallowing:
I, taking in good pairt the respect and thankefullnes of this parliament in remitting to me these who are cited as incendiaries and others according to ther declarationes, doe declair that I will not imploy any of these persones in offices or places of court or state without consent of parliament, nor grant them acces to my persone, wherby they may interrupt or disturbe the firme peace which is now so happilie concluded.
[1641/8/188]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, considering that this long tyme bygone the registeres and recordis of parliament have not bene visited so that some of the ancient recordis might have bene abstracted, viteat or disordered, therefore our soverane lord and estates foirsaidis gives full power and commissione to the persones falloweing, viz: the lord chancellour, the Erle of Argyle, Erle of Lauderdaill and clerke register to meet when the lord chancellour shall appoynt, to take inspectione and to reveise and looke over all the whole registeres and recordis of parliament, asweel these thats in the castle as these that is in other menes custody, and to call for the old inventoures therof and compaire them with the registeres, and to make tuo new authentike inventares therof without copying the saidis registeres and recordes which inventoures shall be subscryved by the most pairt of the visitores, the one wherof shall be delyvered to the clerke register to be keeped by him, the other inventor shall be laid wpe ather with the honores or some other lockefast place wherof the lord chancellour for the tyme shall keepe the key. And to cause make press, boxes, boistes or otheres necessaries fitting for keeping the saidis registeres and recordes, and also to consider of the place and house wher the saidis registeres ly, and to advyse and appoynt the best wayes and meanes for preserveing and sure custodie of the saidis registeres and recordis. With power also to them to mark and observe any defectes and wantes in the saidis registeres and recordes and the visieationes therof if any bee, and sicklyke to marke, nomber and put in perfyte order the saidis registeres and recordes. With power also to make a perfyte index of all the wnprented actes of parliament which doe not conserne particularly privat persones, bot such as import and conserne only generally the whole leiges. And sicklyke gives full pouer to the persones foirsaidis to lay wp the principall lat treatty amongest the saidis recordis and registeres, and generally to doe all and sindrie other thinges wherby the saidis registers and recordis may be preserved and ther perfectiones or imperfectiones may be notified, and ordeanes them to mak report of ther faithfull and exact diligence heirintill at the nixt parliament. And our soverane lord and estates foirsaid declaires thir presentes to be nowayes prejudiciall to the clerke of register of receiveing, keeping and wsing the saidis registeres and keyes therof in the meanetyme, conforme to his right and place.
[1641/8/189]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advyse and consent of the estates of parliament, heath givine and granted, and by tennour heirof gives and grantes, full power and commissione to these persones who shall be nominat by the lordis of secreet counsell, to whom his majestie and estates of parliament remittes and referres the nominatione of the commissioners to the effect eftirspecified, or any five of the saidis commissioneres to be nominate by the saidis lordis of secreet counsell as said is, for ordering the commissares jurisdictione and cleering the boundis and limittes therof, that ther be no occasione of questione betuixt them and other inferiour judges. With pouer to the saidis commissioneres to regulat ther judicatories and set doune pryces wpoun the seales, testamentes, sommondes, actes, decreetes and all other writes conserning that office, to be takine by commissars, ther clerke or procurator fiscall, all quotes of testaments being speciallie dischairged to be exacted in any tymecomeing, and to setle and establishe the fees of the commissares of Edinburghe; and for that effect to meet and conveene at Edinburgh the [...] day of [...], with power to them to appoynt dyetes alse ofte as they shall thinke fitt wntill the said commission take efflect anent the particulares foirsaid. And whatsoevir the saidis commissioneres or ther quorum shall determine and conclude theranent, our soverane lord, with advyse foirsaid, ratifies and approves and ordeenes the same to have the strenth, force and authoritie of ane act of parliament.
[1641/8/190]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advyse and consent of the estates of parliament, taking to consideracion the great burdene, hurt and prejudice his majesties leiges have susteened thir many yeires bygone by exacting of great quot the tyme of the confirmatione of the defunctes testaments, to the waisting and consumeing of the meanes and estates of minores in speciall and to the generall grivance of persones of all sortes, therefore, our soverane lord, with consent foirsaid, out of his heighnes gratious caire and fatherlie affectione to the weall and ease of all his majesties subjectes, statutes and ordeanes that no quote heireftir shall be payed by any of his majesties subjectes for any testament of whatsoevir quality to be confirmed by them, and for that effect dischairges all commissars, commissar clerkes, fiscalles and otheres whom it effeires not to exact nor wplifte any quote for whatsoevir testament to be confirmed heirefter, the pairtie confirmer paying allenerlie the other ordinare dewes as apperteine.
[1641/8/191]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, considering that Maister Rodger Mowat, Maister Alexander Peirsone, Maister James Baird and Maister Thomas Nicollsone, advocates, was nominate and appoynted be the committee of estates of parliament, wpoun good consideracions, to be advocates for the estates for persute of all sicke actiones as conserned the publict and for consulting and advysing of all such busines as should be recommendit or committed to them be the committie of parliament, and that the said Maister Thomas Nicolsone was not only appoynted ane of the advocats for the state, bot also was appoynted to have the chairge of all process to have bene intendit before committee or parliament for the effaires of the publict, and to attend continowallie upoun the said committie and manage the busines of the publict as he should receive order from the samene committee. And alse our soverane lord and estates of parlliament, haveing fund that the saidis advocates of the state have faithfullie and diligentlie dischairged ther duetie in ther service to the publicke, both to the committie and this present parliament, in consulting, advysing and in prosecuting and dischairgeing all the poyntes of ther chairge respective abovewrittin againest all persones cited to this present parliament for the publict intrest, therfore our said soverane lord and estates of parliament allowes approves the carriage of the saidis advocates for the estates in all thinges wherine they have bene imployed be the said committie and be the present parliament in consulting, advysing and otherwayes attending the effaires of the publict at all occasiones as they ware requyred as good service done be them to the kingis majestie and estates of this kingdome, and ordeanes the generall comissar to make payment to the saidis advocates of ther bygone fees, conforme to ane acte of the foirsaid committee mad theranent, and remittes the consideracion of the recompence of thair paines and travellis takine and to be takine be them in ther service for the publict to the committee of the commone burdings, recommending the same to the said committee to be considered be them according as the saidis advocates shall be fund to have deserved.
[1641/8/192]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, considering the great hurt and prejudice susteend by sindrie his majesties leidges by the monopolies wsed and exacted within this kingdome and which heath bene conferred to the wse of any particular persone or persones, to the great hurt and prejudice of otheres his majesties leges, and speciallie the gifte for selling tobacco granted to Sir James Leslie and Thomas Dallmahoy, the patent of the lether granted to the Erle of Marre, the patent of peirling granted to [...] Bannatyne, the patent of pearle granted to Robert Buchane, the patent of armory granted to Williame† Mauld, therefore our soverane lord and estates of parliament by the tennour heirof, annulls, reshindis and simply dischairges the particulare giftes foirsaidis granted to the persones abovewrittin, and all that may fallowe or heath fallowed therwpoun, and ordeines the same and all other patentes of that nature, purchast or to be purchast, for the benefiet of particulare persones in prejudice of the publict to cease and be ineffectuall in all tymecomeing.
[1641/8/193]*[print] [email] [cite] [preceding] [following]
The quhilk day the kingis majestie and estates of parliament, considering that be ane act of this present parleament of the dait heirof, intitulit 'Act dischairgeing monopolies', the patent granted to the Erle of Linlithgowe for making poulder and the patent of leather granted to the Erle of Mare are therby dischairged, and that the saides erles heath formerlie bestowed chairges wpoun the saidisworks, therfore his majestie and estates of parliament remittes to the counsell to take consideracion of the saidis chairges and expenss bestowed be the saidis tuo erles, and ilke ane of them, wpoun the foirsaide workes conteynt in thair patent, and to grant recompence for the same.
[1641/8/194]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, considering how necessary, expedient and profitable the erecting and menteyneing of manufactories will be for this kingdome, asweell in keeping great quantities of money within the same, which is now daylie exported for wrought commodities, as in seting poore ones one worke, restraineing of idle beggeres, increase of vertue and bringing of moneyes into the cuntrey, and this being a mater of so great goodnes wished by everie man and oftymes aymed at to be brought to some perfectione, as witness many severall actes of parliament, actes of conventioun and counsell, especially: King James the Sext, his seventh parliament, cap. 113; item, King James 6, his 15 parliament, cap. 250 and 252; item, the actes of counsell Maii 1597, Julii 1600, November 1601, December 1601, Maii 1612, October 1614, August 1616, Julii 1620, Februar 1623†; item, the actes of conventione June 1605, November 1625, August 1626, yet the samene heath not as yit maide any considerable progress for want of cherishing, interteenement and right order for prosecutione therof. In consideratione wherof, his majestie and estates of parliament being resolved to wse all ordinare meanes for erecting, chirisheing and menteyneing of manufactories within this kingdom, and his majestie, with advyse and consent foirsaid, being gratiouslie pleased to grant all liberties, priviledges and immunities to the erectores therof, therfore his majestie and estates foirsaid gives, grantes and committes to these persones, or quorum therof, who shall be nominat by the lordis of secrect counsell (to whom the kingis majestie and parliament heirby gives the nominatione of the saidis commissioneres and quorum therof forsaid to the effect efterspecified) full power, warrand and commissione to meet and conveene at Edinburghe, or any other place or places at such dayes and tymes they or the said quorum sall thinke fitting, and there to consult, advyse and determine wpoun the best reules, overtours and propositiones and wayes for erecting and menteyneing the said manufactories of all sortes, with power to them or the said quorum to call and conveene befor and with them any persone or persones who cane give them informatione or assistance in the saidis bussinesses. As also with power to them or ther said quorum to appoynt correctione houses in such pairtes of the kingdome as they shall thinke most conduceable for the good of the saides manufactories and restraint of idle and maisterles beggeres. As also with pouer to them to prescrybe reules and wayes for assisting, supplieing and menteyneing of these who have allreddie or shall dureing the time of this commissione erect and enterteene any of the saidis manufactories and to direct letteres againest maisterles people and ther receptoures, asweell to burghe as landward, commanding them to worke at such reassounable rates as the said commissioneres or quorum therof shall appoynt. With power lykewayes to them to make corporationes and to grant them priviledges conforme to the lawes of the kingdome. And sickelyke his majestie, with advyse foirsaid, out of his gratious favour and bountie, doeth heerby for the bettir encouragement to all these who have wndertakine or shall wndertake the erecting and menteyneing of the saidis manufactories, or any one therof, give and grant to them the priviledges and immunities falloweing, viz: all Spanishe and forrane fyne woole for making of fyne cloath shall be custome free; item, all litster waire, oyle and others necessares for the wse of the saidis workis allenerly shall be free of all customes and impost; item, all parcelles of cloath, seyes and otheres mad by any who have erected or shall erect any of the saidis workes shall be custome and impost free for the space of fyfteen yeeres eftir the erecting therof; item, the workeres of the saidis workes erected or to be erected shall be free of any taxatione or impositione to be imposed one the kingdome for any occasione bygone or to come; item, it shall not be leasome to any in the kingdome to hyre, reseve or interteene any of the servantes of the said workes without consent of the maisteres therof.
[1641/8/195]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates presently assembled, finding that lining cloath is become ane of the pryme commodities of this kingdome wherby many people are put to worke and money is brought within the same, which pairtlie throughe the deceet used by the bleicheres in lymeing therof, and pairtlie by the wncertantie of the breadth, is lyklie to come in contempt abroade, to the great prejudice of this kingdome; therfor his majestie, with consent of the saidis estates, statutes and ordeins that no makeres of lining cloath nor no otheres whatsoevir present to merket or otherwayes make or sell any lining cloath of the pryce of ten shillingis the elne or above of les breadeth then ane elne, and all wnder the said pryce to be of no les breadeth then thrie quarteres of ane elne, wnder the paine of confiscatione of all such lyneing presented to the merket or otherwayes sold which shall be fund not to be of the breadeth abovenamed. And ordeenes the magistrates within whose boundis or jurisdictiones the said lining cloath made contrair to this statute shall happen to come to confiscate and escheat the same, and for this effect to search all the merketes within ther boundis. As also dischairges and inhibites all our soverane lordis leiges and subjectes that none of them presume nor take wpoun hand to bleitch any cloath with lyme wnder paine to be punished in ther persones and goodis at the will of the magistrat within whose boundis they dwell. And last it is statute and ordeened that all lineing cloath shall be takene wp by the selvedge and not by the rige, and so to be presented to the merket. And ordeanes the shereffe of the shyres and magistrates within burghe to put this statute to executione within ther severall jurisdictiones.
[1641/8/196]*[print] [email] [cite] [preceding] [following]
Oure soverane lord, with advyse and consent of the estates of parliament, considering that the senatoures of the colledge of jusitice are sufficientlie provydit by his majestie and estates for serveing there places without further burden to the leiges, therfore his majestie and estates foirsaidis dischairges in all tymecomeinge all sentance silver, tuelve pennyes of the pund and other exactiones imposed wpoun sentances or decreetes to be pronunced by the saidis judges, and dischairges all actes, statutes and ordinances mad for payment therof. With power all wayes to the saidis judges to modefie chairges to the parties in whose favoures the saidis decreetes and sentances is pronunced, as in equity and consience they shall find reasonable, and as the malitious and willfull pleyeres, perseweres or defenders, shall deserve.
[1641/8/197]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, considering that the burghe of Glasgowe did heirtofore, in the electione of ther magistrates, demand the assent and approbatione of the archbeshope to the same, and dureing such tyme as episcopacy wes not allowed of this churche, of umquhill Lodwicke, duke of Lennoxe and Richmond, who was heritablie infefte in the said archbeshoprike, with the priviledges belonging therto, and specially the nominatione of the magistrates of the toune of Glasgow, and now the said burghe, being one of the best peopled and pryme burghes within the kingdome, it is most agreeable to reassone that they should have free liberty to elect and choyse suche persones as should be most fit both to serve the prince and governe the burghe it selfe, as other burghes of this kingdome; therfore, our soverane lord, with the advyse of the estates, and of the speciall consent of James, now duke of Lennox and Richmond (who hes the lyke heritable right of the said archbishoprike of Glasgow and priviledges therof granted to him as the said umquhill Lodowike, duike of Lennox and Richmond, his uncle, had) statutes and ordeanes that the burghe of Glasgowe, in all tymecomeing, shall have alse free libertie in the electione and choosing of there magistrates yeirly at the accustomed tymes as any other burghe within this kingdome of Scotland, with this speciall provisione and conditione: that the proveist, baillies and counsell of the burghe and ther successoures shall present yeirlie in all tymecomeing ane leit of three persones to be proveist of the said burgh to the said James, duike of Lennox and Richmond and his successoures foirsaid, off the whilke nomber the said James, duke of Lennox and his successoures foirsaid shall nominat one to be proveist for the yeir falloweing, whom they shall be obleist to receave and admit to be ther proveist the same yeir and authoreize him with all commissioun necessar to that effect, provyding the said Duke of Lennox and his foirsaidis, be themselves or ther commissioner, be present yeerlie within the said burghe at the castle which belonges to the duke and his successoures, the tyme of the electione of ther magistrates, and incaise of ther absence, in that caise it shall be lauchfull to them to goe one in the electione of ther proveist for that yeir of ther absence allenerly.
[1641/8/198]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, considering that his majestie hes laitlie givine and foundit to the Universitie of Saint Androes and colledges therof the few mailles, few fermes, teyndis, teynd deuties and arrentes quhilke perteint of before to the laite archbeshope of Saint Androis and pryorie of Saint Andrewes annexit therto, and that the saidis rents are be exprese conditione of the said mortificatione appoynted to be destribute amonge the severall colledges of the said universitie, principalles, professoures, regentes and other members therof, at the seight of his majesties commissioneres appoynted to be appoynted for visiting of the said university, and that now his majestie, with consent of the estates, is pleased to appoynt commissioneres for that effect and for seting doune ane order for reuling and governeing of the said universitie and colledges therof, therefore, his majestie and estates of parliamment, be thir presentes, makes, nominates and constitutes the persones respective eftirfalloweing, viz: Archbald, erle of Argyle, John, erle of Cassills, Johne, erle of Weymes, Johne, erle of Lauderdaill, Divid, erle of Southeske, Johne, lord Lindesay, Johne, lord Ballmerinoche, Robert, lord Burghlie, Sir Thomas Hope of Craighall, his majesties advocate, or Sir Johne Hope, fear of Craighall, ane of the senatoures of the colledge of justice, Sir Johne Leslie of Newtoun, Maister James Reid of Pitlethy, James Suord, citiner in St Androwes, Maister Alexander Hendersone and Maister Harie Rolloke, tuo of the ordinar ministers of Edinburgh, Maister Robert Blair, minister at St Androues, Maister David Monro, minister at Eley, Maister Andro Wood, minister at Monyfuth, Maister Patrike Scougall, minister at Dairsey, Maister Andro Auchinleck, minister at Largo, Maister Walter Buchanane, minister at Seres, Maister James Sympsone, minister at Batgate, or any nyne of them, fyve of them being ministeres, as there commissioneres in that pairt to the effect efterspecified. With full pouer and commissione to them to meet, conveene and visite the said university and colledges therof, upoun the [...] day of [...] nixtocome, or at any other dyet or tyme to be appoynted be them as they shall thinke expedient, and to distribute amonges the principalls, professoures and other memberes of the said university and colledges therof the particulare localities of the saidis few mailles, teyndis and otheres mentionat in the said mortificatione, according to the order and proportione agreed wpoun by the committee appoynted be his majestie and allowed be his majestie at the ingiveing of the report, and that eache one of the saidis three colledges shall have ther owne locality and be wplifted be there owne oeconimus and distribute amonge them accordinglie in maner foirsaid. With pouer also to the saidis commissioneres to order the course of the studyes of the youth and to rectifie what is amiss for the bettir breeding of the studentes in religione and learneing, and to doe, wse and exerce all other thingis necessar in the premiss that to the office of commissioners in sicke caises of the lawe and consuetud of this realme are knowne to perteene, sicklyke and als frielie in all respects as any otheres his majesties commissioneres in such caices or effaires might have laufullie done at any tyme bygone, or may doe in tymecomeing. Quhilkis commissioneres shall be holdine to report ther proceedingis in the said mater to his majestie and estates, or any whom they shall appoynt for that effect betuixt and the [...] day of [...], and this present commissione shall endure whill the [...] day of [...]. Lykas his majestie and estates of parliament ordeanes ane new commissione for visitatione of the said wniversitie to be granted at everie parliament.
[1641/8/199]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, taking to consideratione the bountie and benevolence of his majesties most noble progenitoures King James the Second and King James the Fourte in giveing ther vasselles libertie to set thair waird landis fewe, and heirwith also remembring that, by the 16 act of his majesties first parliament anno 1633, his majestie and the prince, his heighnes, ther vasselles of waird landis are alltogidder secludit from that benefiet of his majesties bountie and benevolence foirsaid, which prejudice is by the threttie sevine act of that sessione of this present parliament holden in June 1640 yeeres recommendit to be considered at the nixt meeting thereftir of the said parliament, and dureing that interim the force and executione of that act foirsaid 1633 is suspendit and suppressed. And now his majestie, being gratiouslie pleased of his royall favoure and bountie that the vassalles of waird landis holding of his sacred majestie and of the prince, his heighnes, may enjoy ther former liberty with the benefite of his majestie and his most noble progenitouris, ther bountie and benevolence foirsaid wnprejudged or impaired by the foirsaid act 1633, therefore our said soverane lord and estates of parliament reschindis and anulles the foirsaid 16 act of his majesties first parliament in anno 1633 yeeres, intitulate 'Anent vasselles holding waird', and declaires the samene act to be null, of none availl, force, strenth nor effect in all tymecomeing, in so fare as the samene act is or may be extendit to the landis holdene waird of the king or prince as said is, and declaires the vasselles of the waird landis foirsaidis and otheres his majesties leiges or subjectes to be in that same estate and conditione and have the same libertie conserneing waird landis which they had befor the making of the said act, and as if the samen had never bene made, which our soverane lord and estates of parliament declaires to be extinct and of none availl, force nor effect in all tyme heerefter.
[1641/8/200]*[print] [email] [cite] [preceding] [following]
Wheras our soverane lord and estates presentlie assembled, wnderstanding that the plaiding of this kingdome is one of the most ancient and pryme commodities therof, which of late, throw the inconstancy of the beredth, is liklie to come of no estimatione abroade, therfore our soverane lord, with advyse of the saidis estates, ordeanes the makeres therof to make the same of no les breadthe then of three quarteres of ane elne wnder paine of confiscation of all that shall be fund of ane lesser breadth. And farder, wnderstanding that the lordis of his majesties counsell had, for eschewing the deceat in makeing therof, ordeaned the same to be presented in foldis and not in rolles to the mercate as it wes wsed of before, therfore his majestie, with consent and advyse foirsaid, ratifies and approves the said act of counsell daited at Edinburgh, the tuentie fourt day of Merch 1635 yeeres, in all the heades, clauss and circumstances therof and ordeanes the same to take full executione and to stand as a law in all tymecomeinge.
[1641/8/201]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with the advyse and consent of the estates of this present parliament, wnderstanding many pitifull effectes daylie fund and encreasing anent the miserie and povertie of orphanes and fatherles childrene to have bene occasioned in this maner: that many ignorant people the tyme of the acquyring to them of bands, contractes and other securities for payment of somes of money takes the samene to them, there heires, executores and assigneyes with clause and conditione of annualrent therfore dureing the not payment of the said principall soume, meaneing therby that the samene should nowayes remaine wnproffitable dureing the not payment therof, and nowayes that the said clause or conditioune should make the same soume perteene to the heir in prejudice of ther bairnes and otheres neerest of kine by the heir, wheras by the contrary, by the interpretatione nowe observed, all such soumes and securities beareing annuell or proffite are exponed to be heritable eftir the terme of payment and to perteene to the heir, so that therby the rest of the childrine, neerest of kinne and otheres haveing interest are alltogidder therefrom secludit and lefte pitifullie wnprovydit of any meanes to leive one, as also the saidis bandis and contractes are verie ofte fraudfullie consealled and abstracted and never knowne to the trewe owneres therof, that in due tyme they might make wse of the same, which is against both equity and consience, and the intention of the pairty acquyrer of the saidis securityes, wherby great nomber of orphanes, fatherles childrine and others that is so prejudgit of that is due to them, either by ther naturall portione or otherwayes adebted, are brought to great povertie and miserie and forced to become beggeres, which is ofte fund by pitifull experience. For remeid, our said sovyerane lord, with advyse of the saidis estates, statutes and ordeanes that all contractes or bandis for soumes of money payable to pairties with conditione of payment of annuel rent or proffite made at any tyme heirefter shall be holden and estimat to perteene to the bairnes and neerest of kine to the defunct, except seasing fallow therwpon in the lyftyme of the creditor acquyerer therof, or that by the tennor of the band or contract the samene be conceived to be payable to the heires and assigneyes secluding the executores, or otherwayes that the said band or contract beare per expressum obleishment to infefte; in either of the which excepted caises, ordeanes the saidis soumes to be heritable and perteane to the heire, and outwith the saidis excepted caises, ordeanes the saidis soumes to be confirmed by the executour without payment of any quote for the samene, and that to the end the neerest of kine and otheres haveing intrest as said is be nowayes frustrat of what may be due to them, nor yit the said bands or contractes fraudfullie concealled or abstracted from them, everie one of them for ther owne pairtes, provyding allwayes that by virtue of this present act the bandis or contractes heirby ordeened to perteene to the neerest of kine to the defunct and to be confirmed shall not fall wnder the compas of escheat, nor yit any pairt therof perteene to the relict jure relictae, bot shall remaine in the owne nature quoad fiscum et relictam as they wer befor the making of this acte.
[1641/8/202]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament ratifies and approves the act of parliament mad by King James the Sext, his majesties father of eternall memory, parliament 1, cap. 12, anent provestries, prebendaries, alterages, chaplandries and collegiall kirkis perteaneing to laike patrones, togidder with the acte of parliament 12, chap. 158, ratifieing the samene, and ordeanes the saidis acts to have full force and effect in all tymecomeing, with this declaratione allwayes: that in respect the vasselles whch held landis of the saides proveistes, prebendares and otheres foirsaides are put to a great wncertainty of ther superiores, it not being knowne to theme who are provydit to the saidis provestries, prebandries, chaplandries, alterages and otheres foirsaidis, by reasone ther is no publict register to the which they may have recourse for knowledge and notice therof, and that the farthest that they cane knowe by any registeres is the infeftments and seasings maid to these who are laike patrones holding of his majestie, therefore, for secuireing of the vasselles who hold landis, mylnes, fishingis, tenementes, annuelrentes and otheres whatsomever of the saidis provestries, prebendaries, of collegiall kirkis or of chaplandries, alterages and otheres of that nature at any tyme of before, it is statute and ordeaned that the entrie of the saidis vasselles by retoure, precept of clare constat, resignation, comprysing or otherwayes whatsoevir shall perteane to the laike patrones and ther successoures who standis infefte in the said laike patronages, holding immediatlie of his majestie, and that the entrie of the vasselles by them shall be alse valied and sufficient to the saidis vassellis, receivers therof, as if they wer entred by the titulares of the saids provestries, prebendaries, alterages, chaplandries and otheres foirsaidis; and that the said laike patrones shall be in all tymecomeing in ther place as superiour to the saidis vasseelles and to have the same power to give infeftments to his majesties subjects wpoun retour or by precept of clare constate or by resignatione, comprysing or any other maner of way, with giftes de novodamus, and that without consent of persones provydit or to be provydit to the saidis proveistries and prebendaries of collegiall kirkes, alterages, chaplandries or otheres titulares of collegiall kirkes, and alse without consent of the chapter or convente of the said prebendaries therof or most pairt of the same which before wes in use and custome, quhairanent and anent all actes in the contrair, his majestie, with consent foirsaid, dispenss for now and evir, reserveing allwayes to the titulares of the saidis proveistries, prebendaries, alterages, chaplandries and otheres foirsaidis the fruites, rentes and emolumentes of the saidis proveistries, prebendaries and otheres foirsaidis which are nowayes prejudged by this present act. It is heirby further statute and ordeaned wher ther is any prebendaries, chaplandries, alterages or otheres foundationes of that nature abovementioned foundit and situate within any burghe royall of this kingdome, that the proveist, baillies and counsell of the said burghe wher the samene are foundit are, and shall be in all tymecoming, only indobted superioures by whom and by no otheres the vasselles and tennentes enter in maner abovespecified, the proveist and bailliffis being allwayes patrones.
[1641/8/203]*[print] [email] [cite] [preceding] [following]
Our soverane lord, considering that the preceise and rigorous exactione of the paine, arbitrary and pecuniell, adjected to penall statutes heertofore made would prove a burthene to his majesties leiges, heavie and wnsupportable if by his majesties grace and favor they should not be eased and liberat of the same, in consideracion wherof his majestie, being willing to give ease and releefe to his subjectes of the foirsaid burdene, heath therfor bene graciouslie pleased, with consent of the estates of parliament, to discharge freelie, pardone and remitte, and by these presentes dischairges, freelie pardones and remittes all contraveeneres of the said penall statutes† in tyme bygone, except only the statutes conserneing the wnlaufall taking of wsury, transporting of money and gold, slaying of reid and blacke fishe, with the penalties incurred by the consealleres of annuellrentes and wrongeous wpgivers of the inventors of ther money, which ar nowayes dischairged by this present act, nor comprehendit wnder the same.
[1641/8/204]*[print] [email] [cite] [preceding] [following]
The quhilk day the supplicatione givine in be Johne Grant of Moynes, as commissioner for the shereffdome of Nairne, craveing that the Laird of Glengarrie may find responsall cautione wnder great soumes that the Laird of Killravoke and his freendis and the rest of the leiges of the shereffdome of Nairne maybe harmles and skaithles of the Laird of Glengarrie, his kinsmen, tennentes and servantes, being red in audience of the kingis majestie and estates of parliament, his majestie and estates foirsaidis ordeanes the Laird of Glengarrie to compeir befor the secreete counsell the first ensueing counsell day to ansuer to the foirsaid supplicatione, and in the meantyme ordeanes the catioune allreddie fund be him to stand quhill that day.
[1641/8/205]*[print] [email] [cite] [preceding] [following]
The quhilk day the commissioune anente the repressinge of the brokine mene and for leveing of ane company of sex scoir men for keeping of the north peaceable and free of the brokine Hielanderes, being this day moved to his majestie and estates of parliament, his majestie and estates foirsaidis remittes the same to the secreete counsell to be considered and concludit be them, with this declaratione: that whatsoever the counsell shall conclude and enact therin shall have the authoritie, force and validity of ane acte of parliament.
[1641/8/206]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, considering that during the tyme of the late troubles of this kingdome ther wer some of his majesties rentes, customes and impost wplifted and intrometted with for serveing of the present necessities of the publict effaires of this kingdome by warrand of the late committee of estates and by other publict orderes, and that there were sindrie bygone pensiones and fies, due to diverse of his majesties pensioneres and servantes, satisfied and payed to them, conforme to ther rightes and pensiones by order of the late committee of estates residing at Edinburghe, and his majestie, being gratiouslie pleased to approve and allowe of the foirsaidis intromissiones had and payment made in maner and for the causes abovewrittin, therfore our said soverane lord, with advyce and consent of the saidis estates of parliament, ratifies, approves and dispenss with all such intromissione with his majesties rentes, customes and impost as have bene wplifted, payed and intrometted with preceeding the tuentie nynte day of June lastbypast for the wses and causes foirsaid, togidder with the payment made of the same by publicke order as said is, and declaires that the samen payment made and intromissione had by warrand from the said committee of estates or by other publict orderes preceeding the said tuentie nynte day of June lastbypast are, and shall be, sufficient exoneratione to the payeres of the saidis rentes, customes and impost and to the receiveres of the samene by virtewe of the saidis publict orderes and to all otheres conserned therin. Lykeas the dischairges wpoun the payment therof, by publict order foirsaid, shall be allowed to the payeres of the same in the accomptes of there intromissione with his majesties rentes, customes and impost foirsaid, to be made in his majesties exchekker, wheranent thir presents shall be ane sufficient warrand to all that are concerned therintill and to the lordis and commissioneres of his majesties exchekker to allowe and defray the samen in the saidis accomptes to be made in exchekker by the challmerlanes, intromettoures with and receiveres of his majesties rentes, customes and impost foirsaid, and ordeanes compt to be made of the said intromissione in exchekere.
[1641/8/207]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates presentlie assembled, wnderstanding hou necessare and convenient it is that all yairne be bought and sold by weight, therfore our soverane lord, with advyse and consent of the saidis estates, ratifies and approves the actes of his majesties counsell ordeaneing the same to be sold by weight in all the heidis, clauses and articles therof, daited at Halyrudhous, the tuente eight of Jullii 1631 yeires, and ordeanes the samene to stand as a lawe and to take effect in all tymecomeing.
[1641/8/208]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, haveing takine to ther consideracion that the registratione of comprysingis heath put the leiges to great, needlesse and wnnecessary chairgis and expenss, and that the same doeth nether ade to the validity of the comprysingis nor to the benefit of the compryseres, and therfore have dischairged, and by the tennour heirof dischairges, all registratione of comprysingis, togidder with all giftes, actes of counsell and others warrandis, consuetud or custome whatsoevir granted or observed theranent, and declaires that the samene giftes, actes of counsell and otheres warrantes, consuetude or custome to be null and of none availl, force nor effecte in all tymecomeing. And sickelyke our soverane lord and estates of parliament, considering that a short record of all comprysingis of landis and annualrentes, heritable bandis, contracts, reversiones and otheres, and legalles therof, viz: of the compryseres names and designationes, the defenderes names, the debt for which the comprysing is wsed, the landis and otheres comprysed, the maisseires and clerkes names, the tymes of the denunciationes and executiones and witness therto, and daite of the comprysingis and of the superioures of the landis comprysed, is very necesar for the leiges, ther informationes, therfore statutes and ordeanes that all compryseres shall be obleidged to bring ther comprysingis to the clerke of the billes within threescore dayes efter the dait of the comprysings, to the effect that the samene may be allowed by the lordis of counsell and sessione; at the which tyme, ordeanes the said clerke to the billes to make a record of the saidis comprysingis in a booke wherin all comprysingis shall be recordit in maner abovewrittin, for the which allowance and recording of the said comprysing in maner abovewrittin the clerke shall have fourtie shillings for the whole record of ilke comprysinge and allowance, and sieklyke, for the extracte of ilke record of the saidis comprysingis that shall be extracted wnder the said clerke his handis, our soverane lord and estates ordeanes the soume of tuentie shillingis for everie extract to be payed to the said clerke of the billes as due pryce competent to him, therfore which soume the said clerke shall not transchend wnder the paines conteyned in the actes of parliament.
[1641/8/209]*[print] [email] [cite] [preceding] [following]
The quhilk day the act anent the copper coyne being moved to the kingis majestie and estates of parliament, his majestie and estates foirsaidis remittes the samene to the counsell to set doune ane good and solide course and order theranente.
[1641/8/210]*[print] [email] [cite] [preceding] [following]
Our soverane lord and† assembled, wnderstanding that the sallmond fishingis are one of the principall benefites wherby trade is menteyned and money brought in the kingdome, and that throw the evill ordering therof, both in the insufficiency of the barrelles and alse in the disloyall packeing of the same, not onlie is the merchantes estate damnified therby, bot alslo the natione is dishonoured abroad and disappoynted of what should returne therby, therfore our said soverane lord, with advyse and consent of the saidis estates, ordeanes ane act to be made ratifieing and approveing all and sindrie actes of parliament, lawes and constitutiones of this realme made anent salmond fishing and the sufficiencie of the barrelles and loyall paking therof, with this additione: that the whole couperes within this kingdome make the said sallmond barrelles of good and sufficient new knappell, wherfore he shall be ansuerable, without worme bolles, and whyte wood of sufficient tichtnes for conteyneing the pickle and sufficient tichtnesse for enduring all kynde of stresse in the handlinge, and that the barrelles conteyne no les then ten gallones of the Stirvling pinte, conforme to ane act of his majesties counsell of the daite at Halyrudhouse, the fyfteene day of Julij 1619 yeeres, which his majestie, with consent foirsaid, ratifies and approves in all the heidis, clauses and articles therof, to be ratified in this present parliament wnder the paine of fyve pundis to be payed by the couper for ilke wnsufficient barrell and escheate of the samene barrell; and that the same be well pyned in the pickle before the packing therof, and thereftir the said barrelles to be weell tichted and double girthed befor the transporting therof to forrane nationes, and that no barrell be sooner made and blowne bot that the couperes birne be set therone one the tapone staffe therof in testimony of the sufficiency of the tree; and that everie couper be ansuerable and lyable in payment of such losses as happine to be laid one the fishe at the mercate if it be fund to be in the defaulte of the couper by the insufficiencie of the tree or packinge or any other meanes in the couperes faulte, and that they keepe right jedge both in the lenth of the staves, the bilge girthe, the wydnes of the heid and deepnes of the chine, the barrell being made, marked and thrice gene in the packinge shall be marked with the marking yrone wnder a verie particulare merchandis marke as wse is. And that no burghe nor any other tradeing with salmond shall presume to counterfite the marke or birne of Aberdene, wnder the pane of consifcatione of the sallmond, by and attour the punishment of the pairties counterfiteres at the pleasoure of the judge ordinar, the one halfe of the said paine to perteene to his majestie and the other halfe to the burghe so wronged; and ordeanes the magistrates within burghe to put this act to executione.
[1641/8/211]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, considering that his majesties exsyses of all herringis slaine within the Redhead and St. Tobes Heade is a thousand herringis foorth of ilke boate, ilke drave that holdes, and finding the collecting of these herring to be verie hard and difficile, have thought expedient to modifie the pryce of these herringis and convert the samene thowsand herringis into money. And therfore, our said soverane lord, with the advyse of the estates, modifies and convertes the pryce of the said one thousand herringis payable for assyse to the soume of sex pundis money of this realme, and declaires that to be the constant pryce therof in tymecomeing without respect of deare or cheape herringis. And because the fisheries residentes in the east sease and who duell within the saidis boundis on the north and southsyde of Foorthe and Tay, by west the Ridhead and St Tobbs Head, in respect of the great hazard and danger they are in in ventering to the North Yles with ther shipes and barkes, wherin they transport tuo boates or yolles as pendicles of the saides shipes and barkes and vehicles for there use and the bettir accommodating of ther voyage, wer in wse to pay only the soume of fyve pund in satisfactione of the assyse herringis, ilke take that holdis, for everie shipe or barke, without haveing respect to shipe, boates or yolles which are onlie pendicles and vehicles of the saidis shipes or barkes, therfore his majestie, with advyse of the saidis estates, being certainlie persuadit that it is wnpossible to the saidis fisheres to accompleishe ther voyages wnles they have tuo shipe, boates or yolles caried in the saides shipes or barkes as pendicles and vehicles therto, declaires that the saidis fisheres are and shall only be lyable in payment of the said soume of sex pundis in full satisfactione of the assyse in the North Yles for ilke shipe or barke, ilke take that holdes, not haveing regaird of the saidis shippes, boates or yolles, ther being bot tuo boates to ilke shipe at the farthest which they doe heerby liberat and exeeme from all payment of any duetie; and dischairges all our soverane lordis leiges exacting or wplifting any other assyse from the saidis fisheres nor the particular dueties abovespecified, and ordeanes the collectores thairof to wplifte the same legally after ilke drave and to disist from troubling the fisheres dureing the tyme therof.
[1641/8/212]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, wnderstanding that there is diverse stronge wateres brought into this kingdome from forrane places which might be more convenientlie made within the kingdome to the benefite of the natives therof, therfore his majestie, with consent of the saidis estates, dischairges all inbringing of aquavitie or stronge wateres within this kingdome wnder the paine of escheat therof.
[1641/8/213]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, for removeing all doubtes and questiones that may aryse anent the superiorities of these landis, mylnes, fishingis, heritable offices and otheres which held of the late pretendit beshopes or of ther chapteres, by reassone of the abolishing of beshopes and chapteres foirsaid forth of this kirke and kingdome, and to the effect the subjectes and vasselles of these holdingis may bee pute in assurance heireftir heiranent, have statute and ordeened and declaired, and by thir presentes statutes, ordeanes and declaires, that all these superiorities which formerlie perteened to the saidis pretendit beshopes and ther chapteres now abolished as said is doe now perteene and belonge, and shall heireftir perteene to our soverane lord and his heighnes successoures in all tymecomeing; and that the vasselles of these landis, mylnes, woodis, fishingis, heritable offices and otheres which formerlie held of the samene beshopes and ther chapteres doe now, and shall in tymecomeing, hold the same of our soverane lord, the king's majestie, and his successoures in the same forme and maner of holding as they formerlie held of the saidis beshopes and ther chapteres, conforme to the saidis vasselles, ther infeftmentes and rightes made and perteaneing to them, which are heirby declaired to be wnprejudged by the abolishing of the saidis beshopes and ther chapteres, ther former superioures. And sicklyke our said soverane lord and estates of parliament declaire that all these services of aires to ther defunct predecessoures to any of the landis and otheres holden of the saidis beshops (since the excommunicatione of beshops), wherby these haires are served to the saidis landis to be holden of the kingis majestie, to be vallied and laufull services led and done, and ordeanes all such services as are to be led and deduced heireftir for serveing of the heires of the vasselles of the landis and otheres foirsaidis, as heires in the samene landis to be served aires therintill to be holdine of the kingis majestie and his successoures foirsaidis as ther superioures of the samene landis and otheres abovementionat in all tymecomeing, with this provisione: that the few dueties of these landis holdine of the chapteres now reteined in titulo shall perteene and be payed them dureing the present titulares lyfetymes. And it is declaired that this present act shall not be prejudiciall to the infeftmentes granted by his majestie to the Duike of Lennoke of the superioritie of the whole landis and barronies which perteined to the temporality of the archbeshoprike of Glasgow, but that the said infeftment shall stand vallied in the selfe and the vassells to hold ther landis of the said Duike of Lennox and his successoures as ther superioures therof in tymecomeing. And also declaires thir presentes, nether act nor reservatione foirsaid, shall not be extendit to the deanrie or subdeanrie of Glasgow, nor nothing holdine of the deane or subdeane, as also bot prejudice to the Erle of Lauderdaill of his infeftment of Stobo and Ettilstoune which is nowayes prejudged by this acte nor reservatione foirsaid, provyding that this provisione shall not better nor strengthen the Erle of Lauderdailles righte and infeftment foirsaid, bot the samine to be in the samene conditione as befor the dait of thir presentes.
[1641/8/214]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of this present parliament, considering the great hurt susteened by his majesties leiges by the fraudulent dealing of pewthereres in mixing the fyner sort of tinne brought from England, France, Flanders and others pairtes beyond sea with baiser and courser mettell of tinne and lead, and ther exacting greater pryces betuixt the new cassine by them and the old which they receive from the leiges; for remeed wherof, it is statute and ordeaned that the peutherer or founder of tin shall put the marke of the thirstle and his owne name wpoun everie peace of worke that he happenes to cast, and that the same shall be of the fynneste of the peuter marked with the rose in England; and incaise the same be wnder the fynnesse of the said peuder of England, that the same shall be confiscate and be punished in his persone at the descretione of the magistrates of the burghe wher hee dwelles, and to that effect that there bee a visitor appoynted by the magistrates for trying of the samene, as lykewayes that he shall take betuixt the old pund of old tinne and peuder marked with the rose foirsaid which he receives from the leiges and the pund of new cassine by him, eighteene pennyes allenerly wnder the paine foirsaid.
[1641/8/215]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, considering how necessary and expedient it is that in everie parliament to be holdine within this kingdome there be a president of parliament choosine be his majestie or his commissioner and estates of parliament to praeceed in all materes to be agitated in parliament, therfore his majestie, with advyse and consent foirsaid, statutes and ordeanes that in all succeeding parliamentes, after taking of the oath of parliament by all the memberes therof, they shall make choyse of the lord chancellour or any other the king or his commissioner and the estates shall appoynt to be president of parliament, who shall remaine and continue president asweell in that parliament wherin he is choysen as in the nixt parliament subsequent wntill the said oath be takine and ane other choosene to be president in his roome.
[1641/8/216]*[print] [email] [cite] [preceding] [following]
The quhilk day the act givine in in parliament anent the taking order with rebells and other laules and brokine men being moved to the kingis majestie and estates of parliament, his majestie and estates foirsaidis remittes the samene and consideratione therof and to take course therintill to the lordis of secreet counsell.
[1641/8/217]*[print] [email] [cite] [preceding] [following]
Our soverane lord, with advyse and consent of the three estates of parliament, statutes and ordeanes that all cocquettis to be givine foorth within the regality of Sanct Androwes, now holden of the kingis majestie throw the abolisione of beshopes, be directed and granted be Johne, lord Lindesay, and his deputs, cocquetes keeperes within the regality foirsaid, in all tymecomeing in the kinges majesties name, wheras the samene ware before directed in name of the archbeshop of Saintandrowes.
[1641/8/218]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of this present parliament ratifies the ellevinth act of the eighteene parliament of King James 6 of woorthie memorie, made anent coallhewares and salteres, with this additione: that becaus watermene who leves and draves water in the coallheughe head in this kingdome and gaitesmen who worke the wayes and passages in the saidis heughes ar als necessar to the owneres and maisteres of the said coaleheuches as the coallhewers and beireres, it is therfore statute and ordeaned that no persone shall hyre ore seduce any watermen and windsmen and gaitsmen without a testimoniell of the maister whom they serve, wnder the paines conteyned in the former actes in all poyntes. And becaus it is fund by experience that the giveing of great fees heathe beene a meane and way to seduce and bring coallhewares from ther maisteres, it is therfor statute and ordeaned that it shall not be laufall to any coallemaisteres in this kingdome to give any greater fee nor the soume of tuentie merkes in fee or bounteth wnder any cullour or pretext. And because the saidis coallheweres and salteres and otheres workemene in coalheuches within this kingdome doe ly from ther worke at Pasch, Yule, Whitsonday and certane other tymes in the yeer, which tymes they imploy in drinking and deboishrie to the great offence of God and prejudice of ther maister, it is therfore statute and ordeaned that the saidis coallheweres and salteres and otheres workemen of coalheuches in this kingdome worke all the sex dayes of the weeke wnder the paines falloweing, that is to say: that everie coallhewer or salter who lyes ydle shall pay tuentie shillingis for everie day, by and attour the prejudice susteened by ther maister and other punishment of ther bodies.
[1641/8/219]*[print] [email] [cite] [preceding] [following]
Oure soverane lord and estates of parliament, wnderstanding that when any theefes were takene and executed for thefte or declaired fugitives for not entring and wnderlying the law, therfore there whole escheat fell to the kingis majestie and the goodes stolne perteeneing to the persewer of the saidis thives, and so the said pairtie wronged was prejudged of his owne geir. Therfore and for remeed wherof, our said soverane lord and estates of parliament statutes and ordeanes that any persone haveing any goodis or geir stolne from them, and haveing persued the steiller therof, shall have ther owne goodes agane where evere the same goodes can be apprehendit altho the theeffe, steiller therof, suffer; and wher the saidis stolne goodes cannot be had, ordeanes the persueres of the said theefe to have the just value, pryce and availl of the goodes and geir stollen from him out of the reddiest of the theeves goodis, togidder with the expenss they shall waire in the said persut, the persueres allwayes persewing the theeffe wsque ad sententiam, reserveing to the taker and shereffe the expences bestowed by them in the takeing and executione of the theeffe.
[1641/8/220]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates presentlie conveened, considering the manifold prejudices and trouble arysinge to diverse of his majesties leiges in persueing of materes of small importance by the too frequent granting of advocationes from inferiour judges, therfor our said soverane lord, with advyse and consent of the saids estates, dischairges the lordis of sessione from giveing and granting lettires of advocatione of any actiones intendit or to be intendit before whatsoevir inferiour judicatories which may competentlie by the lawes of the kingdome be decydit by the saidis inferiour judges befor whom the said actione is or shall be intendit, for soumes of money within ane hundreth pundis or for any other causs wherunto by the lawes of the kingdome the saidis inferiour judges ar appoynted judges.
[1641/8/221]*[print] [email] [cite] [preceding] [following]
The quhilke day Sir Thomas Hope, in name and behalfe of the lordis of sessione and remanent members of the colledge of justice, protestit that the foirsaid act anent the dischairging of advocationes for 100 li. or within the samene should be allwayes but prejudice of the priviledgs and liberties of the colledge of justice granted thairto and to the senatoures and members thairof, or any wayes perteaneing to the samene judicatorie be the fundacion thairof or be any lawes or actes of parliament sensyne mad and set doune in favore of the college of justice at ony tyme heireftir, and heirupoun askit instrumentis.
[1641/8/222]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates presentlie conveened, wnderstanding ther ar diverse abuses committed by the customeres and receiveres of entries of shipes and by the keeperes of the cocquet in somtyme exacting from maisteres of shipes greater soumes of money then is due to them, and somtymes absenting themselves to the great prejudice of the merchantes estate and to the hazard of the loosse of ther voyage, therfor, our soverane lord, with advyce and consent of the saidis estates, ordeanes that ther be no greater pryce exacted for entring ther shippes and goodes then the soume of tuentie three shillingis four pennyes, and for the said cocquet then the soume of fourtie shillingis, and that the keeperes of the said cocquet attend by themselves or ther servantes diligentlie and reddily to ansuer and give out cockquetes to all merchands and maisteres of shipes wnder paine of losing ther places whensoever they shall be fund either to exact more nor the said soume abovewrittin or shall occassione to the saidis merchandis or maisteres more delay then is needfull for writinge of the same.
[1641/8/223]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament, considering that parkes and plantingis are great decorementes and much proffitable to the kingdome, and that the demolishing and doune casting of the dykes of either and spoyling of the ground and planting inclosed within the samene by these who are evill affected to policie is a great discouragment to many who are virtuouslie disposed to parking and planting, therfore, his majestie, with consent of the saidis estates, dischairges all haukers, hunteres, travelleres and otheres persones whatsoevir to whom the samene parking and planting doe not belonge from demolishing, douncasting, climing or any wayes wrongeing of any of the dykis foirsaids, parkes and planting within the samene wnder the paine of fyve pundis toties quoties, which fynes his majestie and estates foirsaidis declaires to perteene to the owneres of the saidis parkes or plantingis, they or ther servantes deprehending the failleres. And if any other deprehend them, the one halfe to apperteene to the deprehender and the other to the heritor, with power to the deprehender to perseue the contraveener befor the ordinare judge. And if it shall happine the heritoures owne tennent to contraveene the act foirsaid, with power to the heritores to wnlaw them at thair owne pleasour, the penalty and wnlaw not exceeding the paine foirsaide.
[1641/8/224]*[print] [email] [cite] [preceding] [following]
Our soverane lord and estates of parliament find that it is necessary and expedient for the good of the publicte that the transporting of eggis out of this kingdome be restraned, in respect it bringis not any considerable moneyes into the cuntrey nowayes compairable to the loose, considering the dyet of poore laboureing people and servantes, who eat only bread and drinke water, if egges were restrained, might be bettered by getting eggis to his meate at ane easie rate, or of his owne, the breed of chickenes, henes and capones would be in far greater abundance, so that they might sell at tuo pence, a groat and sexpence wher they are now tuo groates, tuelve penies and eighteene pence, and where the eggis sell now at fourtie pennyes somtymes, a groat might be sold for tuelve pennyes or eighteene pence, and where they give five shillings sex pence where the salt is made, they might sell ther dearest for a tuopence, therfor to grante a restraint wnder the paine of confiscatione of the eggis and ane hundreth pund toties quoties to be incurred by the pairty transporter to be proved by witness or oath of pairty.
[1641/8/225]*[print] [email] [cite] [preceding] [following]
The quhilke day the supplicatione givine in to the kingis majestie and estates of parliament be James, erle of Montrose, Archbald, lord Naper, Sir George Stirling of Keir and Sir Archbald Stewart of Blakehall, knytes, craveing inlargment and libertie out of the castle of Edinburgh, where they are committed by warrand from the committee of estates of parliament, with the other supplicatione lykewayes givine in to the king and parliament be Sir Robert Spotswood and Sir Johne Hay knytes, desyreing also ther enlargement and libertie out of the said castle of Edinburghe, where they remaine incarcerate by warrand from the estates of parliament, togidder also with the supplicatione of Leutennent Collonall Stewarte for his libertie forth of the said castle wher he is incarcerat by warrand from the said committee of estates, being red and tane to consideracione by the kingis majestie and estates of parliament, his majestie and estates of parliament foirsaidis ordeanes the saidis James, erle of Montrose, Archibald, lord Naper, the lairdis of Keir and Blakehall, Sir Robert Spootswood, Sir Johne Hay, Lieutennent Collonall Walter Stewart and everie one of theme to be put to libertie forth of the said castle of Edinburgh, wher they are committed and incarcerat by warrand respective foirsaid, they and everie one of them finding sufficient cautione to behave themselves in such a quyet maner as may conduce most for the weell and peace of the kingdome and according to the actes of parliament, quhairin if they faillyie, the favour granted to them by the king and parliament to be null. And alse the saidis supplicantes and ilke ane of theme finding lykewayes catioune to appeire befor the commissioneres appoynted by the king and parliamente for tryeing the incendiares and plotteres, or quorume of the saidis commissioneres conteint in the commission granted heiranent, whensoevir and at such tyme or tymes as the supplicantes abovenamed or any of them shalbe requyred to appeare before the saidis commissioneres or quorum therof. And as for these incendiaries who are citate to the parliament and are out of the cuntrey, incaice any of them shall returne to this kingdome, his majestie and estates of parliament declaires that these that shall returne shall be obleist to find the lyke cautione with the lyke certificatione as the supplicantes abovenamed are ordeind to find, whilke cautione sua to be fund be these persones returneing his majestie and estates ordeanes to be received by the lordis of his hienes privie counsell; and declaires that upoun the finding of the said cautione, these persones shall have libertie of ther persones, and declaires that this act for the cautione therinmentionat shall onlie stand obligatour againes the cautioneres dureing the tyme of the foirsaid commissione appoynted for the foirsaid tryell, which endures onlie to the first day of Merch nixtocome allenerlie.