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Wnto the king his most excellent majestie and the honorable estates off parliament,
Humblie meanes and showes wee, for our selffs and in name and behalf off all wthers off our qualitie, the eldest sones and appearand airs off the peeres and lords of parliament, that quheras it is incumbent to these quho ar called to the lowest places off judicatorie to ressent the weight off that charge and fitt thameselves accordinglie for it, and much more wnto ws quho ar called be our birth and knoweth not quhow soone wee may be brought to sitt in that eminent judicatorie as peeres off the country to judge and voyce in maters off greatest consequence. And seeing wee ar borne to have right off place and voyce in that high court, bot not with that knowledge and these abilities quhich ar requyred in these quho sould voyce ther, and cannot be attained bot through experience and be these quha ar conversant with the wayes and manageing off business, wee have thought our selves bound in duetie to your majestie and our countrie, in regaird off the hereditarie trust and confidence reposed in ws and our families, to petitioune your majestie and the estates of parliament that wee be not debarred from the occasiouns off enabling our selves to serve your majestie and the publict in that weightie charge quhen any off ws may be called to it. And therfoir wee humblie beseik that quhat is knowen to have beene allowed to these off our qualitie in the best governed estates for the reasoune forsaid may be permitted to ws wpon our earnest suite, and for the publict interest that wee may have access to the parliament houss to know and hear the procedour, debates and conclusiouns off parliament.
20 Augusti 1641
Petitioune of the noblemen thair eldest sonnes being publiklie red in parliement, whairupon the king's advocat, at his majesties command, askit instruments.†
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Petitione be Sir Jhone Hay for libertie of the castle†
Wnto your most excellent majestie and your lordships and remanent comissioneris of this heiche court of parliament, humblie meanis and shawis your lords servitour, Sir Jhone Hay, knicht, that quhaire your lords be your delyverance to my formare supplicatione did suspend my imprisonement till this day, wheirein I humblie acknowledge your lords honorable favoure, and willit me this day to present ane certificat from the doctores of my waikenes, which is bettir knawine to my selffe then can appeire to them, I have resolvit without anie maire trouble to your lord to obey your lords proclamatione. And theirfor humblie intreatis your lord to graunt me your lords warraunte for my receptione within the castle of Edinburgh and with all that your lord wold be pleased to allowe me the friedome of the precinctis within the castle gaites to wailke and refreshe my selffe dureing my being their. And your lords answere humblie I intreate.
J. Hay
20 Augusti 1641
Red in parliament and graunted.†
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Articles and desires gevine in be the commissionaris of the kirk to the estates of parliament
1. They humblie petitioune that the parliament wold be pleased to appoint some good course quhairby mariages maid out of the kingdoms or by depryved ministers or seminarie priestis and mariages maid without the consent of parentes or these who ar sub tutela parentum may be restrainit.
2. They petitioun the parliament that they would be pleased to set downe some solid course that ministers may get tymeous payment of thair stipendis both for bygeans and to com. And that they be not withdrawine from thair chairges be wnjust suspentiouns, nor long detined in discussing the same.
3. They petitioun the parliament to grant this commone benefite to the ministers annent the taxatioune that sall hapine to be imposed wpon them as beneficed men: that the report of horning against thame in due tyme that ar obleist for thair releiff be receaved for frieing of them. As also that the viccarages quhilk ministers hes for thair stipend may be frie of all taxatiouns.
4. They petitioun that the parliament wilbe pleased to determine quhat salbe the measur and quantitie of pasturage, foggage, feall and divot that everie minister sall have for his accommodatioune.
5. That the parliament would be pleased to mak choyse of such men to be wpon the commissioune who ar best acquaint with the effaires of the kirk and may most conveniently attend, and that they appoint the dyet for downe sitting of the commissioune to be as soone as may be.
6. They petitioun that commissionars be granted for visitatioun of all hospitalls within this kingdoms which ar pitifully dilapidat.
7. That they wald be pleased (conforme to thair promeis in thair lettre to the generall assemblie) to set downe a solid and present course for bearing of the chairges of the commissioners to the last foure generall assemblies, and to grant power to the commissioune for prescryveing the same for commissionars to subsequent assemblies.
8. That they wald be pleased to tak to thair consideratione the overtours heirwith gevine in for wniversities and schooles with the commissioune for plantatioun of kirkes, and that these may be effectuat, since by Godis providence the rentis laitlie belonging to prelacies ar now vacand and out of the possessioun of all men. That thay would be pleased first and befoire all to provyd the kirkes, wniversities, colledges, schooles and hospitalls out of the same, and that thair passe no act nor dispositioun thairof to ane persoun till these be sufficientlie provydit, quhilk is the earnest desyre and confident expectatioun of the kirk from thair pietie and goodnes.
9. They petitioun (for suppressing of poprie for the present and preveining the incres thairof in tyme comeing) that a way may be taken for breiding wp the childrene of papistis in the trewth. And becaus thair have bene divers papistis and sum presentlie are whose childrene, haveing a desire to joyne with ws in the professioun of the trewth and resorting to the wse of the publict meanes of Godis worshipe, who by thair parentis hawe bene ather violentlie keipit bak or wtherwayes hawe bene threatened to be depryved of any benefeite thai could expect of thame if they should joyne with ws, remead would be provyded for preveining of those evills in tyme coming.
10. It is humblie desyred that order may be taken with sturdie beggars, Aegiptians and vagaboundis, and a solid course be laid downe for removeing the horrible villanies comitted be sic persones in all tyme comeing.
11. They petitioun that the parliament wold tak order for demolishing of all monumentis of superstitioun and idolatrie.
12. They petitioun the parliament for appointing chairges to the visitours appointit be the generall assemblie to visit Yetland, Orknay, Cathnes, Sutherland and Rosse.
13. They petitioun that the actis of parliament anent chermers, sorcerers and consulters with witches be renewed, and a solid way taken how the same acts may be put to executioun.
14. They petitioun the parliament, becaus the executioun of the lawes of the kingdome againes papistis, excommunicat persones etc. is eludit by geiveing the escheitis of the pairties excommunicat and denuncit to the horne to thameselvis or thair freindis to thair behove, that the parliament may be pleased to give order thairanent, leist they thairby be encouragit in thair obstinacie.†
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Overtours concerning the wniversities and colledges of this kingdome to be represented be the generall assemblie to the kingis majestie and parliament
First, becaus the good estate both of the kirk and commone wealth dependeth mainlie from the flourishing of wniversities and colledges as the seminaries of both, quhilk cannot be expected unles the poore meanes quhilk they have be helped and sufficient revenues be provydit for them and the same weill imployed, thairfoire that out of the rents of prelacies, collegiate or chapter kirkes or siclyk a sufficient maintenance be provydit for a competent number of professors, teachers and bursars in all faculties, especiallie in divinitie, and for wpholding, repairing and inlairging the fabrik of the colledges, furneshing of libraries and siclyk good uses in everie wniversitie and colledge.
Nixt, for keeping of good order, preveining and removeing of abuses and promoveing of pietie and learning, it is very neidfull and expedient that there be a communioun and correspondence keipit betuixt all the wniversities and colledges. And thairfoire that it be ordained that thair be a meeting ones everie yeire (at sic tymes and places as salbe agriet wpon) of commissionars from everie wniversitie and colledge to consult and determine wpon thair commone effaires. And quhatsoever may concerne thame for the end abowe specifiit and wha also, or some of thair number, may represent what salbe neidfull and expedient for the same effect to parliaments and generall assemblies.
Item, that speciall cair be had that the places of the professors, especially of professors of divinity, in everie wniversitie and colledge be filled with the ablest men and best affected to the reformatioune and order of this kirk.
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Overtours for schooles
1. Everie parish would have a reider and a schooll wherein childrene ar to be bred in reading, wryting and grundis of religioun according to the lawdable acts both of kirk and parliament maid befoire. And where grammar schooles may be had, as in burghes and in other considerable places (among which all presbyteriall seats ar to be reputed), that they may be erected and held hand to.
2. Anent these schooles, everie minister with his elders sall give accompt to the presbyteries at the visitatioun of the kirk, the presbyteries ar to mak report to the sinod and the sinod to the generall assemblie that schooles ar planted as abowesaid, and how they ar provyded both in men and meanes.
3. And becaus this hath bene most neglected in the hielandis, ilandis and border, thairfoire the minister of everie parishe ar to instruct by thair commissionaris to the next generall assemblie that this course is begune betuix and then, and they ar further to certefie from one generall assemblie to another whither this course is continued without ommissioune or not.
4. And becaus the meanes hitherto named or appointed for schooles of all sortis hath bene both litle and ill payed, thairfoire besyd former appointmentis (the executioun quhairof it is humblie desyred and to be petitioned for at the handis of his majestie and the parliament), the assemblie wold farther supplicat the parliament that they in thair wisdome would find out how meanis salbe had for so good ane wse; especiallle the childrene of poore men (being very capable of learning and of good engynes) may be trained wp according as the exigence and necessitie of everie place sall requyre, and that the commissionaris who salbe named by this assemblie to wait wpon the parliament may be appointed to represent this to his majestie and the parliament, seing his sacred majestie by his gratious lettre hath put ws in the hop heirof, quhairwith we hawe bene much refreshed.
5. The assemblie wold supplicat the parliament that for youthes of the fynest and best spirits of the hielandis and borderis, maintenance may be allowed as to bursars to be bred in wniversities.
6. For the tyme and maner of visitatioun of schooles and contryveing the best and most compendious and orderly cours of teaching grammar, we humblie desyre the assemblie to appoint a committe for that effect who may report thair diligence to the nixt generall assemblie.
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Overtures for setling the constable and marshall†
At Edinburgh, the 13th day of August 1641
The whilk day the Earles of Argyle, Mar, Glencarne and Seafort, being appointed be the estates of parliament to compose the differences betwixt the lords constable and marshall anent the keeping and ordouring of the hous of parliament, declare their opinion as efter followes, viz: that the lord constable hes the charge of all the utter guardes and the keyes of all the utmost doores properlie belonging to him, and is to have onely six men within the hous for opening and guardeing of the great entrie after the guardes are sett; and lykewise the keyes and charge of the whole hous from the comeing out of the parliament till the nixt day the guardes be sett and the parliament or committees enter into the hous. After which time the lord marshall hes the charge within the hous for ordouring and guardeing of the same, and to this effect shall likewise have keyes of all the inner roumes, which are onely proper for him to mak use of at his pleasure dureing the sitting of the parliament or committees within the hous. And this wee declare to be onely our opinion for taking away differences without prejudice to either of the said pairties to protest incace they shall find themselves not satisfied heirwith.
20 August 1641
Red in audience of parliament.†