[1644/1/17]*[print] [email] [cite] [preceding] [following]
Sederunt
[1644/1/18]*[print] [email] [cite] [preceding] [following]
The convention of the estaits, having takin to thair consideratioun the procedor of the committee of the said convention, with the severall actis and ordours maid be them for allowing, authorising, swearing and subscryveing the Solemne League and Covenant of the thrie kingdomes, for raiseing of ane armie to go into England and appointing a committee to go along therwith, for publishing of declarations and informatiounes concerning the same, for allowing and signeing of the treaties betuixt the kingdome and the kingdome of England, in pursuance of the end conteaned in the covenant, and for setling and securing of the toun of Berwick, for engadging the publict faith of this kingdome with the publict faith of the kingdome of England for 200,000 lib. sterling, togidder with the haill severall actis, ordours, precepts, decreitis, sentences and uthers past and exped be them and conteaned in thair publict register, doe find that the said committee of estaits have faithfullie dischairged that trust committed to them and doe therfor approve of thair procedings as conduceing to the good of religion, his maties honor and peax of this kingdome, and interpons thair authoritie to all and evrie on[e] of the saidis acts, decreits, sentences and ordours and ordains them to stand and have executione, conforme to the tenor therof. And this approbatione and ratificatione to be als valeid as if the haill acts of the committee were particularlie heirin insert.
Lyikas the estaits ratefeis and approves the commission granted to the committee of estaits, colonells and committees of warre, and ordains the same to stand and have executione, conforme to the tenor thairof.
[1644/1/19]*[print] [email] [cite] [preceding] [following]
The conventione of estaits, taking to thair consideration the prejudice that may cum to these subjects who holds thair lands waird of the king's matie or of any uther superior quhatsoevir and shall happin to deceis in the defence and mantenance of the religion and of the lawes and liberties of the kingdome during the tyme of the present trubles thairoff, have statute and ordained and heereby statuts and ordains and declares that the proffeit and benefeit of the waird, mariage, nonentresse and releve falling by the deceas of any of theis who sall happin to die in maner and for the caus forsaid, with the whole commoditie that can follow upon the same, sall only pertene and frelie be gevin and disponed to the aires, relict and bairnes of theis who sall happin so to die as followes, viz: whair the relict and remanent bairnes (by the heir) sall be fund provydit by the defunct, then and in that cace the whole benefeit of the waird, mariage, nonentresse and releve sall solely belong to the heir; but where the relict and remanent bairnes (by the heir) beis not fund provydit, in that cace the benefeit of the mariage sall only pertene to the heir and the proffeit, benefeit and commoditie of the waird, nonentresse and releve sall be imployed and used for the enterteanement and mantenence of the relict and bairnes unprovydit, and also for the entertenement of the heir iff he have no other means for mantenance; and what is overplus by the relict and bairnes, thair enterteanement forsaid, ordains the same superplus to be employed for the provision of the said remanent bairnes by the heir unprovydit as said is, provyding alwayes that the saids heres and uther persones forsaids to whome the benefeit of the said waird, mariage, nonentres and releve is provydit to pertaine in maner respective befor rehearsed beis not fund to have studden against the mantenance of religion, lawes and liberties of kirk and kingdome, contrare to the late covenant ratefeit in this present convention. As also the saids estaits finds and declares that the king's matie and all uther superiors quhatsoevir of the saids waird holdingis sall be altogidder secludit from the benefeit of the forsaid waird, mariage, nonentresse and releve falling by deceis of thair vassalls in maner and for the caus befor rehearsed.
[1644/1/20]*[print] [email] [cite] [preceding] [following]
The convention remits to the committee of estaits to considder of ther act the nynt of October anent the colonells of Stirlin shyir and to tak sutche course thairin as they sall think fitting for the good of the service, nochtwithstanding of the generall act of the estaits approveing all the acts of the committee.
[1644/1/21]*[print] [email] [cite] [preceding] [following]
The convention of estaits recommends and therwithall gives full power and commission to the committee of estaits to tak sutche course as they sall think fitting for the sitting or raising of the session.
[1644/1/22]*[print] [email] [cite] [preceding] [following]
The estaits declares that if any gentilmen or uthers will willinglie go on in this expedition and ather mak up a troup or troupes of horse thame selffis, or else joyne with uther troupes and be reddie for service as they sall be commandit, sall have pay conforme to the rest of the airmie.
[1644/1/23]*[print] [email] [cite] [preceding] [following]
Forsamekle as the estates of parliament conveened in June 1640, considering the priviledge and exemption bruked be the nobilitie and barrones of the kingdome whereby they are exemed of all custome of goodis imported to their owne use, and that the same might more speciallie be enjoyed for the armes brought home for defence of the kingdome in the tyme of the late troubles, did therefore ordaine that all ammunition and armes brought home since the 1637 yeere sould be free of custome; and the estates now conveened, finding the necessitie of haveing armes brought home at this tyme in respect of the present expedition and posture of the kingdome, doe therfore, according to the act, ordaine that all armes and ammunition to be brought home this yeere sall be free of custome, and inhibites and dischairges all customeris or quhatsomever ressaveris of exacting anie custome or imposition for anie kynd of armes or ammunition to be imported dureing the tyme foresaid, and of arreisting and deteining the saidis armes and ammunition or anie goodis belonging to the merchantis, importers therof, for anie custome acclaimed for the same, quhilk the estates findis not reasonable to be granted at this tyme.
[1644/1/24]*[print] [email] [cite] [preceding] [following]
Forsamekle as the commissioneris of the commoun burdens by their act of the date the nynteenth of August jM vjC fourtie twa yeeres, efter compt and reckoning, found the soume of threttie three thousand, ane hundreth fourtie foure pundis Scottis money to be dew by the estates of this kingdome to Colonell Alexander Hamiltoun, general of the artellerie, and accordinglie by thair act of the date the last day of Marche the yeere of God jM vjC fourtie three yeeres did ordaine Williame Thomson or anie other ressaver for the publict to pay and delyver to the said generall of artellerie or anie haveing his ordour the said soume of threttie three thousand, ane hundreth fourtie foure pundis Scottis money, and sicklyke to make payment to him of the haill annualrentis of the said soume quhilk sall be dew therefore at the payment of the same; and the said generall of artellerie haveing now receaved the principall soume abovewritten, togidder also with the soume of three thousand, three hundreth fourteene pundis, seven shilline, elleventh pennies money foresaid as ane yeere and quarteris anwell of the said soume, from the terme of Lambmes 1642 to the terme of Mertimes last bypast in this yeere of God 1643 yeeres, and accordinglie hes geven ane discharge theirof to the said Williame Thomeson in name of the saidis estates of this kingdome; and whereas the said general of the artellerie, out of his affection to the good of the caus now in hand and furtherance of this expedition now intendit by this kingdome for the prosecution of the endis exprest in the covenant, hes at the earnest desyre of the convention of estates of this kingdome lent at the feist and terme of Mertimes last byganes the soume of fiftie thousand merkis good and usuall money of this realme of Scotland of the soumes abovewritten, to be imployed and made use of by the saidis committee of estates to the use of the publict for the endis abovewritten, therefore we, the convention of estates undersubscryveand, doe heirby grant the recept of the said soume of fiftie thousand merkis from the said generall of artellerie, and declares the samine to be ane publict debt dew by the estates of this kingdome; and accordinglie doe bind and obleis us and our successoris, the estates of this realme presentt and to come, to thankfullie content and pay to the said Colonell Alexander Hamiltoun, generall of the artellerie, his aires, executors or assigneyes the said soume of fiftie thousand merkis money foresaid betuix the date heirof and the feist and terme of Witsonday nixtocome in the yeere of God jM vjC fourtie foure yeeres, togidder with the soume of tua thousand merkis money foresaid as for the annualrent of the said soume fra the said terme of Martimes last that the samyne wes borrouit to the said terme of Witsonday nixtocome, that the samyne sould be payed but langer delay; togidder also with the ordinar annualrent of the said principall soume yeerelie, termelie and continuallie therefter, ay and so lang as the samyne sall remaine unpayed efter the said terme, asweele, be vertew of this present act, they not being infeft and seasit as infeft and seasit in the said annualrent and not entered as entered thereto; bot prejudice alwayes of sic action and execution as may follow heiron for payment of the said principall soume and annualrent thereof foresaid at anie tyme efter the said terme of payment be bygane, bot premonition or requisition notwithstanding of the foresaid clause and condition of anwell paying.
[1644/1/25]*[print] [email] [cite] [preceding] [following]
Forsamekle as Archibald, marques of Argile is appoynted to goe alongis with the armie as president of that committee of estates that goes theirwith, and wheareas it is fitting that there sould be some companies of horse readie to attend the committie and his lordship, and that a compleit allowance be appoynted to thame, theirfore the convention doeth declaire that what ever gentlemen or otheris will willinglie furnishe and provyde themselves with horse and armes and attend the service foresaid, they sall have pay conforme to the rest of the horsemen in the armie, and their foote men, haveing snap gunnes and swordis, sall have the pay of foote souldiers.
[1644/1/26]*[print] [email] [cite] [preceding] [following]
Forsamekle as the convention of estates of this kingdome considering how necessar it is that all meanes be used for provydeing of victuall for mantenance of the armies in England or Ireland and provision of the kingdome within, and the prejudice lyke to ensew throw the avaritious disposition of some privat persons, who, for their awne advantage, doe daylie transport all manner of victuall out of this kingdome, if the same be not prevented be a generall restraint, they doe theirfor ordane herauldis and messingeris of armes to pas to the mercat croce of Edinburgh and otheris places neidfull, and there, be oppen proclamation, to command, charge and inhibite all his maties subjectis of what ranke and qualitie soever that nane of them presoome nor tak upon hand efter the date heirof to transport out of the kingdome anie maner of victuall, wheat, beare, oatis, meale or ry without speciall licence frome the committee of estates, under the pane of confiscation of the said victuall and ships carieing the same, if they can be had; and faillieing thereof, under the paine of confiscation of the moveable of the transporteris and maisteris or awneris of the shipes transporting the same, and suche farder punishment as the committie sall think fitting. Comanding heirby all magistrats to brugh and land and all searchers† to make diligent tryell and stoppe of all ships, barkes or boatis transporting anie victuall embarked or to be embarked without licence as said is, as they will be answerable upon the duetie of their lyves.
[1644/1/27]*[print] [email] [cite] [preceding] [following]
The convention of estates haveing this day receaveit ane act of the commissioneris of the generall assemblie for planting of kirks of his mateis patronage dureing the tyme of these troubles, presented unto them by Maister Robert Douglas, moderator, and Maister Androw Ramsay, and haveing considered the samyne and the recommendation theirin conteined for provydeing some way by authoritie of this convention for setleing and possessing the intrants in the stipendis and benefices belonging to these kirkes, and finding no way so fitt for that end and for preserveing the right and possession of the patronages to his matie then that in this tyme of trouble presentationes passe his maties cashett and privie seale, quhilk is alyke and is heirby declaired to be of as great force and authoritie as if the samyne had past his maties royall handis; therefore gives heirby warrand and command to the commissioneris of the thesaurerie, or anie one of them, to recive presentations frome presbyteries to all kirkes of his maties patronages vaikeing or quhilk heirefter sall vaike dureing these troubles and to signe the samyne. And ordaines the samyne sua signed to passe his maties cashett and therefter the privie seale, and that all lettres and executoriells necessar be direct thereupon. And recomendis to the commissioneris of the kirk to intimat this to presbyteries, that they making choise of fitt and weele qualified men by consent of paroches, the presentationes unto the vaiking kirks of his maties patronage dureing these troubles may be passed in the manner aforesaid, quherupon the intrants may obtein all lettres and executoriells necessar. Quhilk way the estates thinkis agreeable to the desyre and intention of the commissioneris of the assemblie.
[1644/1/28]*[print] [email] [cite] [preceding] [following]
The declaration of the kingdome of Scotland and England, joyned in armes for the vindication and defence of their religion, liberteis and lawes against the popishe, prelaticall and malignant pairtie, by the honorable convention of estates of the kingdome of Scotland and the honorable houses of the parliament of England etc. in the yeir 1644.
If either Christian duetie, which, by reason of the light of the Gospell so cleirlie shyneing amongest us, might have beene expected frome the professoris of religion, or if naturall affection, which even in the heathen and infidells ignorant of Christ hath abounded toward their native countrey, or sincere respect to his matie honour and happines could have beene found in the wayes or heartis of our commoun enemies of trueth and peace; if they had either feared God or regarded men or yeelded to our importunities, we had not, efter so manie petitions, declarations and remonstrances as have filled all men's eares and handis, bene putt to this necessitie of a new declaration, which theirfore must be more pathetick and pressing then anie of the former. Nor efter so manie troubles and sufferings of the kingdome of Scotland, efter the desolation of the kingdome of Ireland and efter so much blood and so manie unnaturall tragedies in the kingdome of England had we beene reduced to this present condition and joynt posture of armes, the Lord, whose counsells are a great deepth and who is righteous in all his wayes and holie in all his workes, hath just caus of controversie against us and this whole iland. But who would have beleeved that our religion, liberteis and lawes which for so long a tyme have endured oposition and assaultes of forrane power envying our happines would have been opposed, oppressed and trode under foote by the craft and crueltie of our owne natives and countreymen?
In this our extremitie, first of all we declaire that we place not our confidence in our owne counsells and strenth, bot our confidence is in God Almightie, the Lord of hostes who will not leave nor foresake his people. It is his owne trueth and cause that we mantein with all the reformed churches and which hath beene witnessed and sealled by the testimoneyes, sufferingis and blood of so manie confessoris and martyres against the heresy, superstition and tirranie of Antichrist, the glorie of his own name, the exaltatione of the kingdome of his soune, and the preservation of his churche and of this whole iland frome utter ruine and devastation is our ayme and the end which we have before our eyes. His covenant we have in both nations solemnlie suorne and subscribed, which he would not have putt in our heartis to doe if he had beene pleased to destroy us. The manie prayeris and supplications which these manie yeeres past, bot especiallie of late, have beene offered up with fasting and humiliation and with strong crying and teares unto him that is able to delyver and save us are a seed which promise unto us a plentifull harvest of comfort and happines; and the apostacy, atheisme, ideclarie†, blasphemie, profainnes, crueltie, excesse and oppen mocking of all godlines and honestie have filled the cupp of our adversaries to the brime and threatten their speedie and fearefull distruction unles it be prevented by suche extraordinarie repentance as seemeth not yett to have entered into their heartis. Upon these and the lyke grounds and considerations, being confident that this warre wherein both nations now firmelie united are so deeplie ingadged is of God, we resolve with courage and constancie unto the end to doe our pairt, and the Lord who hath stired up our spirittis, displeyed his banner before us and given the alarum doe that which seemeth him good.
Secondlie, although everie man is to hope for the principall reward of his service frome God (who rewardis everie on[e] according to his workis), yet we find our selffis bund in conscience and equitie to declare that besyde these who have the publict faith ingadged to them for thair securitie, suche as since the beginning have done vallantlie and delt faithfullie in this cause, and such as have choisen rather to suffer the spoyleing of their goodis then to assist the enemie or to take armes against their religion and countrey, and sall continue constant in the same course of doeing or suffering unto the end, shall be according to their merite taken into publict notice and consideration, there losses (so farre as may be) repaired and themselfes honored and rewarded by suche means and wayes as we trust God in his providence sall affoord and the parliamentis or estates of the tuo kingdomes respectively shall in their wisdome, justice and thankfulnes judge most convenient, so that no man who hath beene eminent in action or hath suffered anie notable losse for the publict sall be neglected or slighted, bot one way or other shall be thankfullie remembred to his owne honour and the good of his posteritie.
Thridlie, although newtrallitie and indifferencie in the tyme of the danger of religion be a thing detestable to God (who willeth all Christians earnestlie to contend for the faith), and suche as have beene newtralls or indiffrent in the tyme of civill divisions and danger of the commoun wealth have beene in all nations severlie punished as pernitious and publict enemies, yitt that the consciences of all men may be the more convinced and all pretextis removed, we give now publict warneing to suche persons to rest no longer upon their newtrallitie or to please themselves with the nauchtie and slothfull pretence of indifferencie; bot that they addres themselffis speedilie to tak the covenant and joyne with all their power in the defence of this cause against the commoun enemie, and by their zeale and forwardnes heirefter to mak up what hath beene wanting through their lukwarmnes. This they will find to be their greatest wisdome and saiftie, otherwayes we doe declaire them to be publict enemies to the religion and countrey, and that they are to be censured and punished as professed adversaries and malignantis.
Fourthlie, becaus a great manie of the multitude of the people, upon ignorant mistakingis, false informations and threattis or compulsion aganis their willis and inclinations, have beene induced or constrained to joyne in armes with the enemie aganis their religion and native countrey, we doe declaire that all commoun souldieris who upon the humble acknowledgement of their former erroris shall offer themselffis willinglie and speedilie to take the covenant and sall joyne heartillie and reallie in the defence of this caus, as becometh good Christians and loveris of their countrey, sall be frielie accepted in the covenant and their former erroris passed by. Otherwayes, let them expect the punishment of wilfull delinquents and malignants.
Fyftlie, becaus some of the Scottishe nation upon their owne privat respectis or upoun specious pretences and faire persuasiones have joyned themselfes in armes with the popishe, prelaticall and malignant pairtie against the parliament and kingdome of England, and not considering the nature of the caus in which they have beene engadged nor the deep interest of the churche and kingdome of Scotland upon which this warre was to turne, in the end have beene fighting against their owne religion and native kingdome, we doe therefore againe warne all suche of whatsoever qualitie and in quhatsoever place speedielie to withdraw themsellfes frome that factione, to confesse there mistaks and to joyne in the covenant and caus of God in both kingdomes before the [...] day of [...]. Otherwayes, we declaire on the behalfe of the kingdome of England that they are to expect no favour, bot are to be used as desperat malignantis. And we declaire in the behalfe of the kingdome of Scotland, if they either continue in armes efter the foresaid [...] day of [...], or withhold their helpe and assistance from their native countrey in this tyme of trouble and danger, they are to be censured and punished as publict enemies to their religion and countrey, perfidious transgressoris of their Nationall Covenant and their estates disposed upon for the use of the publict.
Sixtlie, becaus there be diverse noblemen, knightis, gentilmen, citizens and otheris who, by forsakeing or diserting the parliament of England and by joyneing them selffes to the enemies of religion, his maties happines and peace of the kingdomes, have made the divsion greatter and the breaches wyder betuix the king and his parliament, and thereby, contrarie to the dewtie of their places and callingis, have beene the caus of the sheding of muche innocent blood, of great losses and of manie miseries and dangeries to the publict of both kingdomes and of the sufferingis of privat men in their estates and lives, and yet are not to be reckoned amongs the prime authoris of this unnatural warre nor amongs the malicious and desperat enemies of their religion and countrey, we doe declaire that all suche forsakeingis their former opposition, returneing to their dewtie and endeavouring the good of religion and the publict peace shall as to their lyves and liberties of their persons be secured and shall be receaved into favour. Bot to the end that a just difference may be made betuix suche persons returneing so late to their dewtie and those that never depairted frome it, they most expect that toward the peyment of the publict debtis, releeveing the common burdens of the kingdomes and repaireing of particular losse (all which in great part have beene contracted and susteened by their default or procurement) their estates in some proportion should be lyable, and that as the wisdome and discretion of the parliament, or of suche as sall be authorized be them (who will be alls carefull to prevent their ruine as to punishe their delinquencies) shall find and judge to be necessarie for that end, quherin also the tyme of their delinquencie, returneing and offering themselves, the realitie of their affections and intentions and readines to joyne with the commoun cause and covenant will be taken into speciall consideration; and incaice they persist in thair opposition and sall not returne before the [...] day of [...], they are not to expect favour, bot shall be punished as publict enemis to their religion and countrey.
Seventhlie, becaus papistis and popishe recusantis, according to the principalls of their professiones, have ever beene plotting and contryveing the change of religion in this iland and the ruine of all the professoris theirof; and efter the frustration of their attemptis, haveing waitted for suche a tyme as this, have alienated the heart of the kingis matie frome his Protestant and loyall subjectis, taken armes against the parliament and kingdome and by all their meanes and power have mantained a bloodie and unnaturall warre, presumeing in the end to have their execrable superstitione and idolatrie sett up in place of the true reformed religion and the king and his kingdomes to be brought under the power and tirranie of the Pope, we doe heirby declaire that papistis, who have beene now or shall be actuallie in armes under the fals pretence of defending of the kings person and authoritie, are to looke for no favour, bot to be punished as trators and professed and intollerable enemies of religion and their native countrey. The same declaration we also make against all such Irish rebellis, whither papistis or otheris, who have come over from Ireland and assisted in this warre against the parliament and kingdome of England.
And lastlie, becaus there be some few wicked and devilishe spiritis of both kingdomes who have kindled and fomented the fyre of division and warre betuix the king and his parliament, or have misgoverned his maties counsells and courses to his owne dishonour and to the distruction of his loveing and dewtifull subjectis, or have infused malignitie in otheris or have beene restles and active instruments of the troubles and miseries of his maties dominions,
We doe declaire, concerneing those who are or salbe found by the supreeme judicatories of the kingdomes respective or their committees appoynted for that effect to be such that as the conscience of there owne bad deserveings hath made them to dispare of favour and theirby uncessantlie to work more and more mischeife against their religion and native countrey, so are they to looke for suche execution of justice as is dew to tratoris and enemies of religion of the king and his kingdomes, for terror and example to otheris in all tyme to come.
And it is further now declaired that the whole estates, reall and personall, moveable and inheritance of these that sall not come in at the tymes before limitted in the 6th article, and of the persons before expected†frome pardoun (as of papistis in armes, Irishe rebells and those who salbe fund to come within the compasse of the precedent article), sall be foirfited and employed for paying the publict debtis, releaving the commoun burdens of the kingdomes and repaireing of particular losses.
And this declaratione we make not from anie presumption or vaine glorying in the strenth of our armies and forces, bot frome the sence of that dewtie which is requyred and expected from the high places and publict relationes wheirin we stand, and frome the assureance we have of the assistance of God, by whose providence the trust and confidence of those kingdomes is putt into our handis at this tyme; haveing efter long and grave consultation resolved and decreed never to lay doune armes till trueth and peace by the blissing of God be setled in this iland upon a firme foundation for the present and future generations, which shall be esteemed of us ane aboundant reward of all that we can doe or suffer in this cause.
[1644/1/29]*[print] [email] [cite] [preceding] [following]
The convention of estates, haveing heard the petition given in to them be Adam Whyt and Gawin Pettcairne, merchantis in Glasgow, complaining that upon the tuentie seven of November last Sir Harie Stridling, governour of Carlile, Williame Acheson, Major Edward Dick, shireffe, Johne Gibsone and Johne Keaps, captaines there, tooke from them as they were comeing frome England some great packes, tua farthells with tua horse, with 200 lib. sterline and tuentie pund sterline of moneyes and left them nothing; and haveing heard the depositions of witnesses produced be the saids complenneris, whereby they proved the taking of the supplicants and their saidis goodis, and that the same are still keeped be the said governour and otheris forsaids, therefore the lordis and commissioneris of the said convention gives warrant be thir presents to all judges and magisrats to bruch [or] land to caus arreist anie goodis being within this kingdome perteining to the said governour of Carlile, the said shireff, major and captaines foresaids or anie otheris, the inhabitantis of Carlile, to be made furthcumand and repeyment under arreistment for satisfaction of the complenneris goodis and losses susteaned as is aforesaid.
[1644/1/30]*[print] [email] [cite] [preceding] [following]
The convention of estats recommends to the comissioners of the thesaurie and lords of excheker to give out commissions for uplifting the rents of suche excomunicat persons as sall be given up to thame be advocat or agent of the kirk.