[A1641/8/36]*[print] [email] [cite] [preceding] [following]
Act anent the electioun of the officiaris of estaitt, counsellouris and sessioneris
Our soverane lord and the estates of parliament, considering that whereas their was ane article in the treaty anent the maner of choyseing and placeing of officers of state, counsellors and sessioners, wherof the answer was remitted to be determined be his majestie and this parliament; and his majestie being willing to give this his auncient and native kingdoms all satisfaction possible that fit and qualified persons shall ever fill these places, and considdering that his majesties residence (becaus of his great affaires) wilbe more ordinarie in England than heir, wherby the qualificatioun of persones may not at all tymes be so well knoune to him, therfore his majestie, with advise and consent of the estates of parliament, declares for himself and his successors that he will nominate and mak choise of such hable and qualified persones to fill those places as shalbe fittest for his service and may give most contentment to the estates of parliament, which nomination and choise his majestie will mak with the advise and approbation of the saids estates of parliament dureing thair sitting. And if any of the saids places sall happen to vake and must be provyded in the intervall betwixt parliaments, his majestie will choise and nominate officers of state and counsellors with the advice and approbation of the counsell, all that number being warned upon fyftene dayes calling to meet theiranent and most part of the whole consenting; and in lyke maner the sessioners, with the advise and approbation of the most part of that hous. Which electiones made in the intervall shalbe allowed or disallowed in the nixt ensueing parliament as the king's majestie and the parliament shall think expedient. And the officers of state, counsellors and lords of session soe nominated and chosen be his majestie and the parliament or allowed be his majestie and them shalbe provyded ad vitam ad culpam, and they all shalbe lyable to the censure of the king's majestie and parliament.
Since by yowr amswer to my doutes pretended on Munday, you manifestly show to every one (as well as believed by me) that with your knowledge you will never derogate any thing from my just power, and that the cheefe ground of your demand is uppon the just sence ye have of my necessarie absence from this country, which otherwayes but for the supplying of that want ye would forbeare to presse, therfore not to delay more tyme, my answer breefly is that I accept this paper [...]†
16 September 1641
Red, voitted and past in parliament. To the post script quhilk is written with the new hand and this pairt thairof only to be recoirdit, bot the first pairt only to be printed.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
[A1641/8/37]*[print] [email] [cite] [preceding] [following]
Bill be the lairdis of Aytoun and Lochend for a dispenssatioun to the shirreff of [Clakmannane etc.]
Wnto the kingis most excellent majestie and honorabill ettaittis of the hie court of parliament, humblie meanis and schawis Williame Home of Ayttoun and Sir James Baillie of Lochend, knycht barronet, and Dame Magdalene Carnegie, lady Lochend, Sir Patrik Hammiltoun of Little Prestoun, knycht, the said William Home of Ayttoun and Williame Butter, tutouris testamentaris to the said Sir James Baillie for thair entresis, that quhair umquhill Williame, erll of Sterling, and umquhill Williame, lord Alexander, his sone, ar addebtit and awand to me, the said Williame Home of Ayttoun, as assignay constitut be umquhill Sir Gedeoun Baillie of Lochend and be certane uthair perounes, creditouris to the said umquhill Erll of Sterling and Lord Alexander, diverse great soumes of money principallis, annuelrentis and penalties conforme to certane bandis grantit be thame thairupoun, the richtis quhairof ar establishit in the persone of me, the said Laird of Ayttoun. Lykeas, I, the said Sir James Baillie, haif lykwayis richt to the same soumes, bandis and uthairis securities maid thairupoun, pairtlie as air to the said umquhill Sir Gedeoun, my fathair, and pairtlie be assignationes and translationes of the same maid to me be the said Laird of Ayttoun and uthairis persounes, creditours to the said umquhill Erll of Sterling and Lord Alexander. And inrespect that the said umquhill Erll of Sterling and Lord Alexander ar both deceist, we, your majesties petitionaris, ar necessitat to intent and persew actiones at our and ather of our instances aganis Alexanderis lawfull dochteris to the said umquhill William, lord Alexander, and airis portionaris of lyne to him, thair fathair, and oyis and airis portionaris of lyne to the said umquhill William, erll of Sterling, thair guidsir, at leist as lawfully chairgit to enter airis to thair said umquhill fathair and guidsir and to ather of thame, conforme to the act of parliament, and thair tutouris and curatouris gif they ony haiff for thair entress, and aganis Harie, now erll of Sterling, as sone and air maill, tailye and provisioun to the said umquhill Williame, erll of Sterling, his fathair, and brothair and air mail, tailyie and provisioun to the said umquhill William, lord Alexander, his brothair; at the leist as lawly chairget to enter air maill, tailyie and provisioun to his said umquhill fathair, brothair and respective conforme to the act of parliament for payment making to ws and ather of ws of the saidis soumes of money awand to ws be the saidis umquhill Erll Sterling and Lord Alexander contenit in thair saidis bandis, and for fulfilling of the samyn to ws efter the formes and tennouris thairof and of the assumptiounes and richtis maid to ws thairto; quhilkis actiounes we haiff pairtlie intentit and ar of intentioun to intent and persew befor the shirreff of Clakmanane and his deputtis in respect of the not sitting of the lordis of sessioun. And be ressone that ane great pairt of the said umquhill Erll of Sterling and Lord Alexander thair landis and estaitt within this kingdome quhairunto thair saidis airis of lyne and of tailyie may succeid lyes within the said shirrefdome of Clakmannane, sua that the said shirreff and his deputis ar and suld be maist proper and competent judgis befor quhom the saidis actiounes aucht and suld be persewit, specialie seing the saide airis of lyne and tailyie respective haiff no certane duelling place outwith the said schyre within this kingdome, bot remanes and duellis actuallie within the kingdome of England; in the quhilkis actiounes (alswell intentit as to be intentit thairanent) the said shirreff of Clakmanane and his depute cannot nor may not gudelie sitt and hald courtis without your majestie and estaitte of parliament expres warrand and dispensatioun in maner underwrittin be ressone of the present sitting of the hie court of parliament; and that the saidis pairties duellis outwith this kingdome, quhairby we your majesties petitionaris will be heavilie prejudgit and damnifeit by the delay of tyme and want of justice without remeid be provydit, heirfoir we maist humblie beseik your sacred majestie and estaittis of parliament to grant warrand and dispensatioun heirby to the said shirreff of Clakmannane and his deputtis and to authorize thame conjunctlie and severallie as judgis delegat be your majestie and parliament to sitt and hald courtis, proceid and minister justice in all actiounes ather alreddie intentit or to be intentit and persewit be ws or ather of ws aganis the airis of lyne and tailyie of the saidis umquhill Erll of Sterling and Lord Alexander and aganis all uthair persones concerning the premisis forsaidis, and to that effect to direct preceptis and citatiounes aganis thame ather being outwith this kingdome or within the same in the ordinar forme, and to proceid to the finall decisioun of the saidis actiounes. And that it may be declairit be his majestie and estaittis of parliament that the saide actiounes and sentences to follow thairupoun befor the said shirreff and his deputtis ar and sallbe als valid and effectuall groundis and warrandis to furnish comprysing of thair landis, poinding, horning and all uthair maner of executioun personall and reall as gif the saidis defendaris wer actuallie and reallie duelling and residing within the said shirrefdome, or as gif this hie court of parliament wer not seting; as also as gif the same sentences wer pronuncet be the lordis of sessioun. Quhairanent your majestie and estaitte of parliament wald be pleisit heirby to grant your dispensatioun and expres warrand and ordane ane act to be grantit and extendit heirupon in dew forme.
16 September 1641
Red in audience of his majestie and estaittis of parliament, who grauntis the dispensatioune within written, and ordaines the clerk to give furth and extract ane act and warrand conforme thairto, authorizing and warranding the shirreff of Clakmannan and his deputtis to proceid in the actiones withinwritten ut infra.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti†
[A1641/8/38]*[print] [email] [cite] [preceding] [following]
16 September 1641
Memorandum by the burrowes anent the new commissioune for the ministers stipends
1. First quhair the commissioune is for dismembring of paroches, it wald beir so that the samen be done with consent of the haill heretors.
2. Item, quhair augmentatiounes is appoynted to be given to ministers serving the cuir att colledge kirks and collegiat kirks, to crave that thair may be ane provisioune that this commissioune shall nawayes be extendit to the colledge kirks of Edinburgh quhairunto they have right, and naimlie the colledge kirk of Sanct Geills and the colledge kirk of the Trinitie and thair pendicles, becaus the ministers serving the cuir thairat hes sufficient stipends provydit to thame be the toune of Edinburgh and quhairof they ar in possessiune.
3. Item, it is not reasonabill that heritors quha hes cost thair teinds and hes guid right to the same should interteine the ministers att the generall assemblie, sieing they have sufficient stipendis or ar to be provydit be this commissioune to sufficient stipends quhilk may beir small expensis in goeing to the assemblie anes in the yeir.
4. Item, quhair it beirs power to give augmentatioune to ministers quha had not the benifeit of the last commissioune, it wald beir 'and quha ar not alreddie sufficientlie provydit', becaus thair is manie sufficientlie provydit quha nather soght nor gat any benifeit of the last commissioune, and thairfoir should not seik nor gett any now.
5. Item, the appoynting of gleibs aught to be out of the kirklandis within the parochine, for it is not reasonabill to take ane gentilmans propper heritage without his consent and give it to the minister; and quhair thair is no kirkland, they may be the bettir considderit in thair stipend.
6. Item, the appoynting of new mansis quhair the old ar decayed is nowayea reasonabill, bot thair should be onlie power granted to repair thame.
7. Item, quhair it beirs that gleibs ar decayed, to appoynt new gleibs is unreasonabill becaus it is not understoode how gleibs decayes.
8. Item, the appoynting of mansis and gleibs upon uthair necessities nor the decaying of thame and becomeing of thame unprofitable and the referring of thes necessities to the commissiouris arbitriment is of too large ane extent in respect of the generalitie, the necessities not being condiscendit upone quhat they ar and thairfoir they wald be condiscendit that the estaits may consider gif they be reasonabill quhill they ar sitting in ane bodie and not defer the same to ane few commissiouris.
9. Item, fewall, foggage, faill and divot etc., thair aught no power be granted to determeine on the same, bot they should brooke the same according to the auld use and wont. And quhair that is nane, they may be considerit of the same in thair stipendis.
10. Item, provyding of pious uses [...] be condiscendit and not remitted generallie to the arbitriment of ane few commissioris, for by this meins the heritouris quha be warrand of law hes boght thair teinds shall be circumveind be the law in giving out thair moneyes fur acquyring of that quhilk they shall be compelled to give out for nothing.
11. Item, quhair they have power to set doune the pryces of seallable teinds, provyding they exceid not the number of yeirs purchases set doune be the king in his decreit arbitrall.
12. Item, it is not reasonabill that ane minor not buying his teind should have onlie actioune against his tutor and not admitted att his majoritie to buy his teinds, becaus in all cais of law minors ar priviledgit and thair restitutioune in integrum incaice of lesioune nevir denyit to thame. And as for the subsidiarie actioune against the tutor, that proves oft tymes unprofitable quhen tutors becoms irresponsabill.
13. Item, quhair it is declaired that ministers serving the cuir att colledgis, hospitalls and schools and leids the teind for his stipend shall not be sellable, it is desyred that those teinds may not be excludit out of the valuatioune.
Memorandum: The commissioune anent the teinds wald also conteine ane power to the commissiouris that quhair any heritors hes beine stayed in thair valuatiounes the tyme of the former commissioune be powerfull titulars, and quhair in the said commissioune it hath beine enacted that the saids heritors shall be subject onlie to the valued dewtie or old rentall dewtie, that they may stope all actions of spulyie or leiding of the saids teinde, and that the saids heritors shall be onlie subject for byganis to the saids valued dewtie or old rentall dewtie.
Item, the said commissioune wald conteine power to the commissiouris quhen paroches ar numerus and populus and ar provydit bot with ane minister to provyde the same with tuo, and to appoynt thame sufficient stipends furthe of the reddiest livings belanging to the kirk of that parochine or uthairwayes quhair the same may be had.
[A1641/8/39]*[print] [email] [cite] [preceding] [following]
Answers to the remarkes of the burrowes upon the commissioun
To the first:
It is answered that remark wald be restricted thus: that the dismembering of paroches be with consent of the most pairt of the heretouris quha ar to be taken aff. And incaice of thair dissasent, the reasone thairof gevine in be thame to the commissioune wold be sick as the commissioneris sall approve. The presbetrie is to recommend thinking it convenient.
To the secund:
The collegiat kirkes in Edinburgh and thair pendicles neids not be excepted if (as it is allegit) they have sufficient maintenance alreadye, becaus in that caice the commissioun will not have power to grant augmentatioun. And if they be not sufficientlie provydit, it wer unreasonable to exclud them.
To the thrid:
It is the promeis of the parliament by lettre direct to the generall assemblie at Sanct Andrews that course should be taken for supplieing the chairges of commissioners. Thairfoir it is confidentlie expected that ministers salbe eased of that burthen, quhilk is not so small as is allegit.
To the fyft:
Seing ministers ar bund to reseide within thair owne paroche, it is most just and necessar that they be providit with manse and gleib, quhither thair be kirk landis in the paroche or not, without the quhilk they cannet reseid. It is allwayes thocht reasonable that the whole heretouris contribut for buying of the manse and gleib.
To the sixt, sevint and eight:
The appoynting of new manses and gleibes upon the reasone of decay or wnprofitablenes or upon other necessities can not bot be referred to the consideratioun of the commissioun becaus particulars ar diverse and best may be examined be thame.
To the nynt:
Let ws insist for the obtaining of it.
To the threttent:
That the teiths belonging to ministers, colledges, hospitalls and schooles aucht to be excludit from valuatioun becaus utherwayes they wald suffer great prejudice in thair provisioun, both in quantitie and manor of payment, and for diverse wther reasones quhilk moved his majestie and the parliament to exclude thame in the former commissioune.
How the commissioun sall be bond to sit? Quhat way salbe taken that valuatiouns and planting of kirkes be not stoped?