[A1641/8/159]*[print] [email] [cite] [preceding] [following]
Act anent the pryces of writts, seallis and registeris, remittit to the counsall†
Our soverane lord and estaitis of parliament, considering the great extortione quhairby the leidges ar abused by the keiperis of the signet, privie seall, great seall, director of the chancellarie and wrettaris thairto and all utheris clerkis and keiperis of registeris within this realme, notwithstanding that their ar particular ratis and pryces sett doune for all keiperis of sealles, registeris and clerkis in the parliament haldin be his hienes darrest father of blessed memorie in ano 1621, thairfoir statutis and ordaines that all wrettaris, keiperis of sealles and registeris and clerkis within this kingdome sall conforme theme selffis and be rewled be the pryces speciallie sett doune in the said parliament haldin in ano 1621, and shall conforme theme selffis to the pryces set doune be the Erles of Lawderdaill, Southesk and Sir Andro Flescheour of Inverpeffer, knicht, ane of the senatours of the colledge of justice, respective in ano 1639 wnder all highest painis conteined in the acts of parliament.
17 Novembris 1641
Red in audience of his majestie and estaittis of parliament, who remittis the same to the counsale, with power to theme to doe ad hunc effectum as the king and parliament might, so that the sentence and determinatioune of the counsale shall haif the authoritie, force and effect of ane act of parliament for this purpois.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
[A1641/8/160]*[print] [email] [cite] [preceding] [following]
Supplicatione for the British subjectis, remittit to the kingis majestie†
To the kingis most excellent majestie and most honorable estaitis of parliament, the humble petitioun of diverse of your majesties Britishe subjectis haveing estaitis in Ireland, for thamselves and in name of their distressed countriemen and freindis thaire.
Humblie shawing,
That the insolent rebellioune and crewell outrages of the Irisch rebellis is now cum to that hight as they have waisted and overrune the most pairt of the province of Ulster, comprehending nyne counties, most pairt thairof being planted with British subjectis, of quhom they have killed many, takin otheris prisoneris, robed and spoilyed the goods of many hundrethis, stryped and sent away numberis of them naked, burnt diverse tounes and cornes thair, so as all thes counties ar wasted and depopulat except sum few pairtis about the sea near the strenthis of Derrie and Carrickfergus, as the lettres direct to us from your majesties saids British subjectis thair do most peitefullie expresse; which miseries do the mor increas that your majesties saids subjectis have nather armes nor leaderis to direct and help them in the necessar defence of their lyfes and estaitis, so as they ar in daylie hazard to be killed or put to flight and to be a burdene to your majesties other kingdomes if they shall happin to escape. For remeid quhairof,
May it please youre majestie, with advyse of this supreame court, to remonstrat to the parliament of Ingland the pitiefull and lamentable estate of the saidis Britische in Ulster, that the samyn may be takin to their serious consideratioun and that such speidie cours may be taken as may best conduce for thair present help and releife. And we humblie intreat that in the meantym such as ar willing to go as volunteires in that service may be permitted and armes furnisched unto them, and that sume convenient proportioun of armes may be granted upon loane for the unarmed Britisch till the same may be repayed out of Ingland.
17 Novembris 1641
Red and remitted to the king's majestie.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
[A1641/8/161]*[print] [email] [cite] [preceding] [following]
Act anent the incarceratioun of pure peaple†
Oure soverane lord and estatis of parliament, understanding that thair is divers puir persones takin and apprehendit be virtew of lettres of captioun and for ryotis, thiftis and utheris wrongis committit be theme and put in prisone within his majesties jayles and prysone housis, and oft tymes upon the malice of the debtoris and utheris to quhom they haif done wrong for not haifing meanis to interteane thame selfis, ar forcet either to perish throw famine or ly ane burding to these to quhom the saids jayles and prysone housis does apperteane. For preventing of which unchirritable and rigorous dealling, our said soverane lord, with advyse and consent of the saids estatis, statutis and ordanis that all poore persones takin and incarcerat within any of his majesties jayles and prysone housis sall be interteniet upon the expensis of the inputteris in allowing to theme thrie schillings Scotis money daylie. For payment quhairof, ordanes the saids persones, inputters, to find cautioun at thair committing to prysone the saids poore persones to the keiperis of the saids jayles and prysone housis, and incais of refusall or not payment of the said sowme, our said soverane lord, with advyse and consent foirsaid, declairis that it sall be laufull to the saids keiperis of the saids jayles and prysone housis to refuis the saids prisoneris or to sett thame at libertie, quhairanent the saids committers sall haif no actioun againes the keipers of the saids prysone housis, which his majestie, with advyse and consent foirsaid, discharges in all tyme coming.
16 Novembris 164
Red and taken to be advysed whill the morne.
17 Novembris 1641
Red in audience of the kingis majestie and estaittis of parliament, who remittis the consideratione heirof to the secreit counsall.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti†
[A1641/8/162]*[print] [email] [cite] [preceding] [following]
Supplicatione Maistir Alexander Pitcairne to the king's majestie and estaits of parliament, remittit to the commission for the comon burdingis†
To the king's most excellent majestie, the supplicatioun of Maistir Alexander Pitcairne, minister at Tannadyce.
Humblie shawing,
That quhairas I have representit to your sacred majestie and estaits of parliament the great oppressioun done to me be ane great number of brokin men quha, under cloud of night in the tyme of the highe court of parliament, broke up my house, threatned with drawin durks to tak my lyff and spuilyied me of my haill moneyis, guids, insicht and plenishing and left me, my wyff and children naked, togidder with my long and chargeable attendance thir divers yeirs bygane in seiking redres thairof and hes gottin no answer. Heirfore I humblie beseik your majestie and lords of parliament to tak some consideratioun of my distressed estrait and to recommend me to the committie appoyntit for releiff of the commoun burdings, that they may divyse ane way how I may be satisfied of my losis and these brokin men may be tryed and punished, that the crying sinne may be removed fra the land. And your majestie and lordships answer I humblie expect.
17 Novembris 1641
Red in audience of his majestie and estaittes of parliament, who remitted the same to the committee nominated for the commmon burdings.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
[A1641/8/163]*[print] [email] [cite] [preceding] [following]
Supplicatione George Foullis, remittit to the exchequhair†
To the king's most excellent majestie and honorabill hous of parliament, the humble petitioun of George Foulis of Reavillstoun.
Shewing,
That quhair as I was advanced in the publict service and was most willing to have contribute my best indevours in that chairge committed to me when it pleassed the comittie of estaitts for the tym to recall me by thair warrand and to command me to dischairge the place off generall of his majesties mynthous, whiche I hawe exerced faithfullie and hes uplifted the fies belonging thairto, whairfor I did expect not only with all integritie to hawe bein approvin for my dischairge of the said place in tymbygane, bot lykwayis to hawe bein continewed and secured thairin for tymecomeing. Bot now since ane wther (as I am informed) is to be placed in that chairge, I think it incumbent to me for my securitie to crave ane approbatioun for my service in the said chairge with the receapt of the fies thairof in tymbygane; as lykwayis (iff it sall be thocht fitt) a gift and continewatioun thairin in tyme comeing.
Heirfor I most humblie beseich your majestie and this honorabill hous to tak consideratioun of the premissis and to be pleassed to grant unto me ane approbatioun of my service and receapt of the fies thairof in tymbygane during the tym of my trust and chairge; as lykwayis ane gift and continewatioun in the said office in tyme comeing iff your majestie and this honorabill hous sall think so fitting, for useing and exerceing quhairof I am most willing to contribute my best, and I as in dewtie bound sall ever pray.
17 Novembris 1641
This supplication being red in audience of his majestie and estaittis of parliament, who remitted and refers the same to the exchequhair.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
[A1641/8/164]*[print] [email] [cite] [preceding] [following]
Supplication Lord Forbes, remittit to the commission for the comon burdingis†
To the king's most excellent majestie and the honorable estates of parliament, the humble petition of Alexander, lord Forbes.
Whereas your majesties petitioner, out of his earnest desire to doe sum acceptable service to your sacred majestie and your royall sister for the recovery of the Palatinat, did engadge himself and his estate for the levyeing of two regimentis wnder the late victorious King of Swedin, whose wntimeous deith, togidder with your petitioner's other misfortunes and long imprisonments for the said cause, hath nereby ruined your petitioner's estate, which he wes in a fair way to recover by his service abroad to forrane princes (as is wele knowne to your sacred majestie and diverse speciall members of this honorable house) till the late troubles of his native countrey occasioned his returne, wherein he, his parents and speciall freinds for his and there service and affection to the good cause have susteined many great and heavy losses at home by the losse of his fortune abroad, which wold be too tedious in this strait of tyme to relate. May it therfore please your majesty and the estates of parliament to recomend your petitioner's case and the reparation of his losses to the commissioners for the common burdens and to the secret counsell, that when any good occasion offers they weld further and befreind your petitioner. And your majesties answer and the honorable estates of parliament your majesties petitioner doth humbly attend.
17 Novembris 1641
This supplicatione being moved to the king's majestie and estaittes of parliament, they remitt the same to the committee for the comon burdings.
Balmerino, I[n] p[raesentia] d[ominorum] parliamenti
[A1641/8/165]*[print] [email] [cite] [preceding] [following]
Act in favouris of the toune of Jedburgh for tua fairis†
Our soverane lord, with advyse and consent of the estats of this present parliament, considering that the burghe of Jedburghe hes onlie the priviledge of ane fair in the yeir, and that it is verie necessar and will contribute and conduce much to the weell and proffite of the cuntrie and of his majesties subjectes in these parts aboute iff the said burghe hade the priviledge of other tuo faires yeerlie for the saille of ther goodis and cattell in respect of the great multitude of goodis and cattell in the borderes and these pairtes of the cuntrie nixt adjacent to the said burghe, therfore our said soverane lord and estates of parliament gives, grantes and dispones to the proveist and baillies, counsell and commontie of the said burghe of Jedburghe and ther successoures, provoists, baillies, counsell and commountie thairof all and haill the priviledge and libertie of other tuo faires yeerly to be holdine at the said burghe of Jedburghe within the bounds of any pairt of the landis and liberties therof wher they shall thinke most expedient, the one therof to be holdine upoun the fyfeteene day of August, callit the First Lady Day, and the other to he holdine wpoun the fourt day of November, callit Saintleonardis Day. Lykeas his majestie, with advyse and consent foirsaid, gives, grantes and dispones to the said burghe, counsell and commontie therof and ther successoures all priviledges, customes great and small and otheres dueties whatsomevir perteaneing to ane free fair, with full poure to theme to uplifte and receive the customes of the saidis faires and therwpoun to dispone at ther pleasoure, and to doe, exerce and enjoy all liberties and priviledges in the saidis faires sicklyke and alse freelie in all respectes as they have exerced or enjoyed in ther former faires, or as they or any other burghe of this kingdome haveand the power and priviledge of free faires hes exerced or enjoyed, or may exerce or enjoy the samene in any tyme bygone or to come. And ordeanes this present act to be alse valied to the said burghe of Jedburghe for ther priviledge of tuo faires as if the samene wer past his majesties seales be way of signatour, quhairanent his majestie, with consent foirsaid, hes dispensit and be thir presentes, with advyse and consent foirsaid, dispenss for evir.
12 Septemb[er] 1639
Red, voited and past in articles, but prejudice of the shirrefis priviledgis in thir new fairis as it hes bein in others.
17 Novembris 1641
Red, voitted and past in parliament without reservatione.
[A1641/8/166]*[print] [email] [cite] [preceding] [following]
I, Sir William Douglas of Caveris, knycht, shirreff of Teviotdaill, be thir presentis, consentis for me and my successours that the act grantit be the king and parliament in favours of the toun of Jedburgh anent thair fairs be extractit to thame without the exceptioune and reservatioune set doune in my favours thairintill. Quhilk exception and reservatioune I am content and consents be deleit and haldin as not motioned at all thairintill be thir presentis, subscribitur with my hand.
[A1641/8/167]*[print] [email] [cite] [preceding] [following]
Protestation burgh of Ranfrow contra the Laird of Greinock
We, the provest, bailyies, counsel and communitie of the brugh of Ranfrow, understanding that Johne Schaw of Grenock is to obtein in this present parliament ane ratificatioune off his infeftment grantid to him by his majestie of the landis of Greinock and erecting of ane brugh and baronie, liberties and priviledges thairin conteinit, quhairby we may be prejudgit in our richts, priviledges and liberties belonging to oure said brugh of Ranfrow, thairfoir we doe protest that any ratificatioun to be grantid to the said John Schaw be naewayes prejudiciall to our said brugh, liberties and priviledges thairof contenit in our ancient infeftments as accords of the law. And heirupon I, Johne Spreule, commissionar for the said brugh of Ranfrow to this present parliament, for my selfe as commissionar foirsaid and in name and behalfe off the saids provest, bailyies, counsell and communitie of the said brugh, ask instruments.
[A1641/8/168]*[print] [email] [cite] [preceding] [following]
Protestatioun Ranfrew contra Glasgow†
We, the provest, bailyies, counsell and communitie of the brugh of Ranfrew, undirstanding that the brugh of Glasgow ar to obtein in this present parliament ane ratificatioun of thair infeftmentis grantid to thame by his majestie and his predicessors off thair brugh, liberties and priviledges thairin conteinit, quhairby we may be prejudgit in our richts, liberties and priviledgeis belonging to oure said brugh of Ranfrow, thairfoir we doe protest that ony ratificatioun to be grantid to the said brugh of Glasgow be declairit to be nawayes prejudiciall to our said brugh, liberties and priviledges thairof contenit in our ancient infeftments as accords of the law. And heirupoun I, Johne Spreule, commissionar of the said brugh of Ranfrow to this present parliament and in name and behalfe off the provest, bailyies, counsell and communitie of the samyn brugh, asks instruments.
[A1641/8/169]*[print] [email] [cite] [preceding] [following]
Provisioun and declaratioune to be insert in the ratificatioun of the lait chartour grantit in favours of the burghe of Glasgow, in favours of Dumbartan
And it is heirby declarit be oure soveran lord and estaitis foirsaid that the infeftment above mentionat granted to the brughe of Glasgw, nor this present ratificatioun thairof, sall nawayes be prejudiciall to the burgh of Dumbartan, proveist, baillies, counsell and communitie thairof and thair successours, anent thair liberties, priviledges, customes and dewtyis quhatsumevir perteining to thame quhairof they hawe richt or possessioun, and specially anent the liberties of the river and wattir of Clyde, fishings, customes, ancorages and uther dewtyis thairof competent to thame quhilks ar heirby expreslie reservit and without ony derogatioun thairto in ony sort, siclyik as giwe the foirsaid chartour, infeftment and this ratificatioun had nevir bein giwin and granted.
17 Novembris 1641
Presented be Patrik Bell and consented to that the protestatioune against the ratificatione be admitted, quhilk the estaitts admitts.
[A1641/8/170]*[print] [email] [cite] [preceding] [following]
Protestatioune Lord Amont anent Dennie†
We, James, lord Levingstoune of Amont and Callendar, in respect of a pretendit reference from the laite generall assemblie holden at Edinburgh for dissuniting of the chappell of Dennie from Falkirke, as heretable and wndoubted patron of Falkirke, Dennie and Morrowinsyde, doe protest in the contrarie in respect that nether wee as patron, neithair the titular of the forsaid mother kirk with the pendicles thairof wer ever cited or admonisched to compeir either before the forsaid generall assemblie, either before this present honorabell parliament, that we might have bene heard to give in our reasonable exceptiones in law against the said disunione as parties without whose consent or legallie declared inexcusablenes no such act can be grantit in law. And furthair if it schall please (neverthelesse of the former reasone quhairto still we adhere till in law it be discussed) this present parliament to proceed in dissuniting the said pendicle and chappell of Dennie from the forsaid mother kirke of Falkirke, we doe protest that the forsaid deed tend not to the prejudice of our heretable right of patronadge, neither to be extended in anie sort to the burthening of ws as patron and titular with anie further impositiones or exceptiones for further augmentatione of stipend wpon takes of teindes or fewdewties of landes holden of ws lyand within the said mother parochine of Falkirke and chappelrie and pendicle of Dennie etc.
[A1641/8/171]*[print] [email] [cite] [preceding] [following]
Ratificatioune in favours of Cragivar†
Oure soverane lord and estaitis of parliament ordane ane act to be maid thairintill to and in favours of his hienes lovitt Sir Williame Forbes of Cragiwar, knycht, barounit, ratifieand and approveand the charter maid and grantit be oure soverane lorde the kingis majestie, with advyse and consent of his hienes thesaureris and comptrolleris principall and deputie and remanent lordis of his hienes secret counsall of Scotland, his hienes commissioneris for the tyme, to umquhile Maistir Williame Forbes of Cragiwar in lyfrent and to the said Williame, now Sir Williame Forbes, his eldest sone, his airis male and of tailyie thairincontenit in fie heretablie of all and sundrie the tounes and landis of Fintreyis and utheris thairincontenit and thairin particularlie nominat, all thairby and of befoir unite, annexed and incorporat in ane haill and frie baronie callit the baronie of Logiefintrey upoun the saids umquhile Maistir Williame and Sir Williame Forbess thair awin resignatioun, and the new gift and dispositioun thairin contenit thairby grantit be his majestie, with consent forsaid, to the said umquhile Maistir Williame Forbes in lyfrent and to the said Sir Williame, his sone, his airis male and of tailyie thairin contenit heretabllie off all and sindrie the particular tounes, landis, croftis, mylns, wodes, fischengis, kirks, patronages, teynds and utheris speciallie and particularlie thairincontenit be virtew of the act of dissolutioun underwrittin maid for that effect in maner mentionat in the said charter and unioun thairof, in ane haill and frie baronie callit the baronie of Logiefintrey, than as of befoir, and erectioun of the toune and landis of Haltoune of Fintrey in ane frie burgh of baronie, for ever to be haldin of oure soverane lorde and his hienes successourss in fie, heretage, frie baronie and frie burgh of baronie and frie blenche ferme in maner specifiit in the said charter, quhilk is under his majesties great seill of the dait at Edinburgh, the twentie nynt day of Apryle the yeir of God jM vjC twentie fyve yeiris, with the procuratories and instrumentis of resignatioun quhairby the saidis landis, baronie and utheris forsaidis war resignit be the saids umquhile Maistir Williame and Williame, now Sir Williame, Forbess, in the handis of his hienes umquhile darrest father of worthie memorie and his commisioneris for the tyme in thair awin favours. And als the act of dissolutioun maid in the parliament haldin at Edinburgh upoun the fourt day of August the yeir of God jM vjC twentie ane yeiris, quhairby his majestie, with consent of the estaits of parliament, dissolved fra the crowne and patrimoney thairof and fra the first act of annexatioun of all kirklandis and kirk rents within this realme to his hienes croune and fra all utheris annexatiounes baith speciallie and generallie maid thairto of befoir all and sindrie the saidis tounes, landis, kirkis, patronages, teyndis and utheris contenit in the said baronie of Logiefintrey and charter thairof abonewrittin perteining of befoir to the abbacie and lordschip of Lindoiris, to the effect it micht be lesume to his hienes and his successours to give and dispone the samyn to the said umquhile Maistir Williame Forbes in lyfrent and to the said Sir Williame, his sone, and his airis male and of tailyie thairincontenit in fie heretablie, to be haldin of his majestie and his successour in frie baronie and frie blenche ferme in maner specifit in the said act upoun the quhilkis resignatioun and act of dissolutioun the said charter proceidit, with the precept and instrument of seasing following upoun the said charter, off quhatsumevir daitis, tennours or contentis the saids procuratorie and instrument of resignatioun, precept and seasing be of or beiris, in all and sindrie the heidis, poyntis, clausis, articles, circumstances and conditiounes thairin contenit, and efter the formes and tennours thairof in all poyntis. And our said soverane lord and estaits of parliament willis, grantis, decernis and ordains that this present ratificatioun is and salbe als effectuall and sufficient and of als great force, strenth and effect as if the saidis charter, procuratorie and instrument of resignatioun and act of dissolutioun quhairon the samyn proceidit, precept and seasing following thairupoun war all at lenth de verbo in verbum heirin insert and ingrossit, notwithstanding the samyn be not sua done. Quhairanent, and with all utheris defectis and imperfectiounes that may be proponit aganis the samyn and validities thairof or this present ratificatioun of the samyn, oure said soverane lorde and estaitis of parliament hes dispensit and be thir presentis dispensis for ever. Gevin att [...].
5 October 1639
Red, voited and past in articles.
11 November 1641
Red and approven be the committie.
This is rejected.†
[A1641/8/172]*[print] [email] [cite] [preceding] [following]
Protestatioune Lord Maitland contra Erle of Home†
I protest that the ratification of the contract betuixt the aires of the late Earll of Home and this Earll of Home doe not prejudg me becaus I have intended ane action for reduction of it.
[A1641/8/173]*[print] [email] [cite] [preceding] [following]
17 Novembris 1641
In parliament
The Marquis of Argyll protestit that the ratificatione past in favoures of the Earle of Seafort of his infeftment, rychts and securities of the baronie of Lewis should nowayes be hurtfull nor prejudiciall to the said marquis, his aires and successors anent thair right to the heretabill office of justiciare of the saidis landis and barronie of Lewis and priviledgis, liberties, immunities and casualties belonging therto.
[A1641/8/174]*[print] [email] [cite] [preceding] [following]
Act of ratification of the gift of the nomination of the clerck of bills before the lords of session in favours of Sir James Galloway, his majesties secretaire†
In the parliament holden at Edenburgh, the [...] day of November the yeere of God one thousand six hundred fourty one yeeres, our soveraigne lord, with consent of the estate of parliament, ratifies and approves the signature past be his majesty in favoure of Sir James Gallouay, his majesties secretarie and master of requests, conteining ane dissolution of the clerckshipe of the bills before the lords of session from the clerck of register, his office, and the annexation of the same to the said Sir James, his office of maistir of requests. And with power to the said Sir James to nominat ane qualified and sufficient man to be clerk of the saids bills soe oft as the said place shall vaik at any time hereafter dureing the said Sir James his liftime, either as maistir of requests or otherewise, with the haill heads and articles thairof, as at length is conteined in the said signature of the dait the 21 of October last by past. And wills and declares that this present ratification shalbe also valid and effectuall as gif the whole tennour thereof were insert. Extract[ed].
22 of Novembris 1641
Ressavit be me George Abernethie, servitor to Maistir James Galloway, his gift above mentionat.
G. Abernethie
This is rejected.†
[A1641/8/175]*[print] [email] [cite] [preceding] [following]
Act of ratification of the gift of appointing commissarie clerks and procuratours fiscall with recomendation of the commissars in favours of Sir James Galloway, his majesties secretaire†
In the parliament holden att Edinburgh, the [...] day of November the yeere of God one thousand six hundreth fourty one yeeres, our soveraigne lord, with consent of the estate of parliament, ratifies and approves the signature past be his majesty in favours of Sir James Galloway, his majesties secretaire and master of requests, of the nomination and appointing of all commissary clerks and procurators fiscall, with the recomendation of the haill commissars within this kingdome, when either of their places shall vaik at any time hereafter dureing the said Sir James his lifetime, at least aye and while it be expressly recalled by his highnes, as at length is conteined in the said signature of the dait the 21 of October last bypast, with the whole heads and articles thereof. And wills and declares that this present ratificacion shal be also valid and effectuall as if the whole tenour thereof were insert. Extract[ed].
22 of Novembris 1641
Ressavit be me George Abernethie, servitor to Maistir James Galloway, his gift above mentionat.
G. Abernethie
This is rejected.†
[A1641/8/176]*[print] [email] [cite] [preceding] [following]
I, Sir Andro Skene of Auchtertuill, for my selff and in name and behalff of the poor parochineris of Auchtertuill, doe protest that the ratificatione grantit be parliament in favours of the beidmen of the Magdalene Chaiple of the gift and mortificatioun grantit to thame be the kingis majestie of the rents, teyndis and dewties of the bischoprik of Dunkeld thairin mentionat be nawayis prejudiciall to ane mortificatione grantit be his majestie to ane schoolmaister within the parochin of Auchtertuill off the sowme of fourscoir tuelff pounds quhilk war formerlie payit to the lait bischopis of Dunkeld and now dew to his majestie furth of the samyn parochin for the few dewtie of the lands within the samyne.