[1644/6/273]*[print] [email] [cite] [preceding] [following]
Prayeres said, rolles called.
The estates of parliament remittes the tuo lettires comed from Generall Major Monro to the committie of estates of parliament, to be considderit and ansuered be the committie as they thinke expedient.
The estates of parliament remittes the ansuering of the lettir cumd from the croune of Sueden to the estates of parliament to the committie of estates, to be considdered and ansuered be them.
[1644/6/274]*[print] [email] [cite] [preceding] [following]
Forsameikle as the estates of parliament, presentlie conveened by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, haveing red and considdered the supplicatione givine in to them be James, erle of Hartfell, presentlie incarcerate in the castell of Edinburgh, desyreing warrand and commissione to the committie of estates for trying and finally deciding of his bussines, and, in the meanetyme, to enlarge him to the toune of Edinburgh wpoun surtie to appeire before the committie when he shall be called and not to goe beyond the boundes of his confynement, as the supplicatioune proportes. The saides estates grantes the desyre foirsaid of the saids supplicatione and therfore remittes the said James, erle of Hartfell, his tryell anent any thing can be laid to his chairge, to the said committie of estates of parliament, with power to them to discuss the relevancie and probatione therof and report the samene to the nixt sessione of parliament, and ordeanes him to be enlarged out of the castle of Edinburgh and to remane confyned within the toune of Edinburgh and tuo myles about the samene, he finding cautione wnder the pane of ane hundreth thousand punds Scots that he shall compeir before the committie of estates when he shall be called to ansuer for any thing cane be laid to his chairge and for his good cariage and behavior in tymecomeing, and that he shall not goe without the boundes of his confynement foirsaid bot shall keepe the said confynement and not transgres the boundes therof. Conforme to the quhilke ordinance and for obedience therof, compeirit personally Williame, erle of Mortoun, Robert, erle of Roxburghe, [...], erle of Annandaill, David, erle of Southeske, Patrike, lord Elibanke and Sir Johne Dallzell of Newtoun, become acted and obleist them and ilke ane of them conjunctlie and severallie for the said James, erle of Hartfell to the effect before ordeaned, viz: that he shall not transgres the boundes of his confynement and for his good cariage and behaviour in tyme comeing and that he shall compeir before the committie of estates as he shall be called to ansuer for any thing can be laid to his chairge wnder the pane of ane hundreth thousand pundes Scottes money. Lykeas the said erle of Hartfell bindes and obleiss himselfe to the effect foirsaid and als to relive his cautioneres and ilke ane of them of the said cautionarie and of all that may fallow therwpoun, in respect quherof the saides estates ordeanes the captane, constable and otheres, ther wnder officeres, keeperes of the castell of Edinburgh, to put the said James, erle of Hartfell to libertie forth of the said castell where he remaines incarcerat, that he may remaine within the toune of Edinburgh and tuo myles therabout, conforme to the confynement abovewrittin, quheranent thir presentes shall be a sufficient warrand.
[1644/6/275]*[print] [email] [cite] [preceding] [following]
The estates of parliament remittes to the consideratione of the committie of estates the act of parliament for puting of the kingdome in a posture of warr and defence.
[1644/6/276]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and the thrie estates in anno 1641, hes ratified, approvine and confirmed and be thir presentes ratifies and approves and confirmes the tuo commissiones and warrandes eftirspecefeit granted be the committie of estates of this kingdome wpoun the tent day of Maii lastbypast 1644 yeeres instant to Thomas Cunynghame, factour at Campheir, the ane therof nominating, appoynting and makeing choose of the said Thomas Cunynghame to be ther commissionar and ordinarie agent for giveing trew informatione and right impressiones to the lordes of the states generall of the wnited Low Cuntries, to the lordes, the states provinciall, to all incorporationes, good townes and cities, and to all other persones of place and power, civile and ecclesiasticke, and generallie to all and everie inhabitantes of the Wnited Provinces in the Low Cuntreyes and to all and everie weill affected persone or persones there and in the nixt adjacent place residing, off the laufull and just proceedings of this kirke and kingdome for defence of religioune and themselves from ruine and destructioune, and to keepe a right wnderstanding betuixt this kingdome and the saides states and to negociat and deale with them for contributing there best freendshipe and using of all good meanes which may be most conduceable for the publict good of this kingdome and furtherance of the Protestant cause now in hand, conforme to the said Thomas Cunynghame, his instructiones givine to him theranent, as the commissioune granted for this effect in the selfe more fullie proports; and the other commissioun nominating, appoynting and makeing choose of the said Thomas Cunynghame and giveing full power and commissioune to him, ather by himselfe or joyntlie with Walter Strachland or with any suche as should be appointed be the parliament of Ingland, to procure, ingather and receive from all states, incorporationes, companyes, societies and all good tounes and cities and from all and everie weill affected persoune or persones beyond sea in the saides Wnited Provinces of the Low Cuntries or elsewhere, such soumes of money as they or ony of them shall be pleased [to] willinglie lend, furneis or advance wpoun the publict faith of both kingdomes of Scotland and England (the said Thomas barroweing joyntlie with the foirsaides commissioneres[)] or wpoun the publict faith of this kingdome (the said Thomas barroweing be himselfe) at the frie choyse of the lenderes, with power to him joyntly or be himselfe respective as said is to give notes of recept, wrytings, bandes and obligationes therwpoun, which, with the interest therof till the repayment of the samen, shall be in all respectes holdine, declaired and accompted [as] the proper and reale debtes of this ore bothe kingdomes respective, and ordeanein[g] the said Thomas to give ane accompt fra tyme to tyme of what he shall receive to the parliament, conventione of estates or ther committies and to be ansuerable to them for the dischairge of this commissione. And it is provydit allwayes be the commissioune that the power therof is restricted to the soume of tuo hundreth thousand pund sterling, so that the haill soumes to be barrowed should not exceed that soume, as the commissione granted heiranent lykewayes more fullie beires. And als ratifies, approves and confirmes the act and modificatione granted be the said committie of estates wpoun the said tenth day of Maii 1644 yeeres to and in favoures of the said Thomas Cunynghame, modifieing the soume of fyve thousand and fyve hundreth merkes for ane yeerlie allowance to the said Thomas, his secreetare and servantes for ther interteanement besydes there extraordinarie chairgs of horse and waggoune hyre and otheres incidentes, which are to be payed and keeped in accompt, and ordeaneing the said Thomas to take payment of the allowance foirsaid out of the first of the moneyes to be barrowed be him one the publict faith, and failzeing therof, to be payed out of the moneyes that should come from England or reddiest publict moneyes of this kingdome, as the act of modificatioune granted be the said committie heiranent also proportes in all and sundrie the heides, articles, clauss, warrandis, poweres, provisiones, allowance and haill remanent poyntes respective of the foirsaides tuo actes of commissioun and act of allowance and modificatioune respective abovespecified and eftir the formes and tennores therof respective in all poyntes, to the quhilkes actes and everie ane of them the saides estates of parliament hes interponed and heirby interpones the force, strenth and authorite of parliament and declaires this present ratificatione therof to be alse sufficient, effectuall and valied as if the foirsaides tuo commissiones, with the act of modificatione and allowance abovespeit, and everie ane of them, wer insert verbatim et ad longum heirintill, quheranent the saides estates hes dispensed and heirby dispenss for evir.
[1644/6/277]*[print] [email] [cite] [preceding] [following]
The estates of parliament remittes and recommendes to the committie of estates to write ane lettir in favoures of Thomas Cunynghame to the prince of Orange, conforme to the desyre of the lettir writtin be the commissionares at Londoun to that effect.
[1644/6/278]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, considdering that wpoun the supplicatione givine in to them be Johne Maxwell of Cowhill, Johne Lindesay of Wauchope, Thomas Maxwell of Corsuaday and Johne Maxwell of Gribtoune, incarcerat within the castell of Edinburgh, and be Johne Cairlile of Locharthor and Williame Maxwell of Hills, incarcerat within the tolbooth of the Cannogate, they ordeaned the saides persones to be enlarged out of the foirsaides wairdes of the castle of Edinburgh and tolbooth of the Cannogait respective where they remaine incarcerate, and they and ilke ane of them to be confyned within the toune of Edinburgh and tuo myles therabout, they and ilke ane of them finding cautione for there good behaviour, keeping of the boundes of there confynement and for ther appeirance before the committie of estates for what is to be laid to ther chairges wnder the panes respective eftirspecified. Conforme quherwnto and for obedience of the quhilke ordinance, compeirit personallie James Maxwell of Innerweike, one of his maties bedchalmer, and became acted and obleist as cautioner for the saids Johne Maxwell of Cowhill, Johne Lindesay of Wauchope, Thomas Maxwell of Corsuaday, Johne Maxwell of Gribletoun, Johne Cairlile and William Maxwell, that they and everie ane of them shall abyde and remaine within Edinburgh and tua myles therabout and shall appeire and ansuere before the committie of estates as they shall be cited and warned for what is to be laid to ther chairge or any of ther chairges, and als for there and ilke ane of there good cariages in tymecomeing wnder the paines falloweing, viz: the said Johne Maxwell of Couhill wnder the paine of 10,000 merkes Scots, the said Johne Lindesay of Wauchope wnder the paine of 10,000 merkes, the said Thomas Maxwell of Corsnaday wnder the paine of 5,000 merkes Scots, the said Johne Cairlile wnder the paine of 1,000 merkes Scotts, the said Williame Maxwell wnder the paine of 500 merkes Scotts and the said Johne Maxwell of Gribtoun wnder the paine of 2,000 merkes Scotts; and the saids sex persones abovenamed, and ilke ane of them for themselves, became lykewayes acted and obleist to the effect abovementionat and alse to warrand and relive ther said cautioner of the cautorie foirsaid and of all that may fallow therwpon. Lykeas John Maxwell, tutour of Carnsalloch, personally present, obleist him to relive the said James Maxwell of his becomeing cautione for the said Johne Cairlile to the effect abovementionat; in respect of the quhilke cautioun sua fund be the supplicantes, the saides estates of parliament be thir presentes gives warrand to the captane, constable and otheres wnder officeres, keeperes of the castell of Edinburgh, and to the proveist and baillies of Edinburgh and ther deputes, keeperes of the tolbooth of the Cannogait, to put the foirnamed sex persones, supplicantes abovenamed, furth of the said castle and tolbooth where they are incarcerate respective in maner before declaired, that they may remaine confyned within Edinburgh and tuo myles therabout as said is, quheranent thir presentes shall be a sufficient warrand.
[1644/6/279]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, takeing to ther consideratione that there was ane commissioune of exchekker granted to ane certane nomber of noblemen and otheres, by whose helpe, counsell and advyce the manageing and governement of his maties rents and otheres eftirmentionat competent to the excheqher in maner wnderwrittin wes to be guidit, reulit and directed, did expyre at the begining of this present parliament, wherby his maties service and good of the leidges would be greatlie prejudged if the said commissioune wer not renued; as also considdering that for the good of his maties service and ease of the subjectes they have made and constitute John, erle of Lindesay, lord Parbroth, commissioner for the treasurie, comptrollarie and treasurie of his maties new augmentationes within this kingdome, but prejudice allwayes to Sir James Carmichaell of that ilke, knyght, treasurer depute, of his giftes of his office foirsaid and haill liberties, pouer and priviledge belonging to the samene, as the act of parliament made theranent beeres; therfore they have made, named and constitut and be the tennour of thir presentes makes, nominates and constitutes Johne, erle of Loudoune, lord highe chancellor of Scotland, Robert, erle of Roxburgh, keepare of the privie seale, Williame, erle of Lanerke, secretare, Sir Alexander Gibsone of Durie, knyght, clerke of register, Sir Thomas Hope of Craighall, knyght, advocate, Sir Johne Hammiltoune of Orbestoune, knyght, justice clerk, Sir Andro Fletchor of Innerpepher, knyght, Sir James Leirmonth of Ballcomie, knyght, Sir James McGill of Cranstouneriddell, knyght, Sir Johne Hope, feir of Craighall, knyght, Sir Alexander Fallcouner of Halkertoun, knyght, Sir Johne Leslie of Newtoun, knyght, Sir Johne Scot of Scottistarvet, knyght, director of the chancellarie, senatores of the colledge of justice, and Sir James Lockart of Ley, knyght, commissiouneres of excheker, that they concurre and assist the said Johne, erle of Lindesay, commissioner for the treasurie and representing the place of highe thesaurer, comptroller and treasurer of his maties new augmentationes within this kingdome, and to the said Sir James Carmichaell of that ilke, knyght barronet, his maties depute in the saides offices. Lykeas the saids estates of parliament hes givine and be thir presentes gives full power and commissione to the saides Johne, erle of Lindesay, commissioner and representing the place of highe treasurer, and the said Sir James Carmichaell, his maties deputie treasurer, in his absence, togither with any tua of the foirsaides commissioneres, to receive resignationes, surranderes and dimissiones of all landes, barronies, castles, toures, fortalices, kirkes, benefices, teyndes, patronages and otheres whatsomevir lying within this kingdome of Scotland whilke of ther owne nature may be resigned, surrendrit and dimitted in his maties handes for himselfe or as administratour to his darrest sone, the prince, ather in ther owne favours ad perpetuam remanentiam or in the favores of whatsomevir his maties subjectes, and to give, grant and exped all and quhatsomevir signatoures, gifts, infeftmentes, confirmationes, dispositiones and otheres rightes and securities requisit wpoun the saides resignatiounes, surrenderes and dimissiones or vacand be ony other maner of way wherby the saides landes, barronyes, kirkes, teynds, patronages and otheres foirsaides shall happine to vaike in his maties handes or the prince, his handes, be reasoune of recognitione, bastardie, last air, disclamatioune, reductioune, apprysing or ony other maner of way; and to give and expede new giftes and dispositiones with all clauss necessar and used in the lyke caises to be holdine, conforme to the tennor of ther old infeftmentes and for payment of the dewties and conditiones therin exprest. Lykeas with powere to give and expede all giftes of wairdes, nonentress, escheates, lyferentes and otheres casualities quhatsomever waiking or which in quhatsomevir maner of way vaike in his matie or the prince, his hands, and for payment of reassounable compositiones therfore, and alse to set takkes of his maties customes and imposts according to the forme conteind in the former commissiones; and lykewayes to grant remissiones to transgressors of whatsomevir penall statutes wpoun reassounable compositiones as said is and to grant remissioun for slaughter wpoun sight of letters of slaines and for adultery wpoun testimoniall of ther repentance and satisfactioune to the kirke, reserveand allwayes to his matie to grant remissiones for crymes of greater moment and consequence; and generally to compone, transact and agrie in all and quhatsomevir thinges tuching his maties or the princes rentes, customes or casualities of this kingdome or that in onywayes may belong to the saides offices of thesaurie, comptrollarie or treasurie of new augmentationes perteaneing or that in onywayes may perteane to his matie and the prince wpoun reassounable compositiones as said is. And with power to the said Johne, erle of Lindesay, commissioner and representer of highe thesaurie foirsaid, (and in his absence to the said Sir James Carmichaell, deputie thesaurer, with any tuo of the other commissioneres of excheqher foirsaid) to sit, cognose and decerne in all actiones and causs incumbent or tuitching his maties rentes and otheres incumbent to the excheqher sicklyke and als frielie as may be done be the lawes of the kingdome and the last act of parliament, and, for that effect, with power to the said Johne, erle of Lindesay, commissioner and representing the place of highe treasurer, (and in his absence the said Sir James Carmichaell with the saides commissiouneres, or ony tuo of them) to conveene and meit at such tymes and occasiones and in such places as they shall thinke expedient, and there all and sundrie bussiness publictlie to doe and expede which may concerne the premiss and no farder, and ordeanes letters of horneing, poynding and otheres executoriells necessar according to the custome to be observed in the lyke caises, and that the compositiones to be payed be his maties subjectes for expeding of the saids giftes, signatores and otheres rightes foirsaid, cheeflie of his maties propertie and principalitie, may be done with a due proportione and consideratione of the benefite arrysing therby. Therfore the saides estates willes and ordeanes the said Johne, erle of Lindesay, commissionar foirsaid, (and in his absence the said Sir James Carmichaell, deputie treasurer) to meit and conveene certane dayes in the ordinarie excheqher house quher the saides signatores are to be presented to treate, deale, doe and conferre with the pairties presenting the saides signatores and for trying the worth of the casualitie and benefite sought therby, and to move the pairties to pay reassounable compositiones, and to consult wpoun the saides compositiones; and the saides estates willes that the compositioune of everie signatour be publictly set doune and in opine excheqher at publict meitings be the saides erle of Lindesay (and in his absence be the said Sir James Carmichaell, thesaurer deput) with consent of the saides commissioneres or ony tua of them as said is and not within the said nomber; and the saides estats declaires that this present commissioune shall be but prejudice of the said Sir James Carmichaell, his gifte of treasurie deput dureing his lyftyme and of the haill liberties and priviledges therinconteined; and als the saides estates declaires this present commissioune to endure to the nixt sessioune of the parliament, dischairgeing heirby all former commissiones of excheqher granted before the dait of this foirsaid commissione, with provisioune allwayes that this present commissione nor anything therincontenit shall not derogate from the commissioune of privie counsell, commissioune of teyndes and surrenderes, bot that they remaine in ther own vigor wnprejudged, stopted or onywayes altered, notwithstanding of quhatsomevir heides and clauss conteyned in this present commissione, quhilke commissioune the estates declaires shall only endure to the nixt sessioune of this present parliament.
[1644/6/280]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, considdering that wpoun the supplicatione givine in to them be Mr Johne Corsane, proveist of Drumfreis, incarcerat within the tolbooth of Edinburgh, they have ordeaned him to be enlarged forth of the said tolboth and to be confyned within the toune of Edinburgh and tuo myles about the samene, he finding catione for his good behavior, keeping of the bounds of his confynement and to compeir before the committie of estates to ansuer for anything can be laid to his chairge wnder the paine of fyve thousand merkes Scotts by and attor his fyne, and hes remitted and remitts the tryell anent the relevancie and probation therof to the committie of estates, to be reported be them to the nixt sessioune of parliament. Conforme to the quhilke ordinance abovementionat and for obedience therof compeired personallie Robert Corsane and Adame Maxwell, merchandes burges of Edinburgh, and Williame Faireis, merchand burges of Dumfreis, and becom acted and obleist them conjunctlie and severallie as cationeres for the said Mr Johne Corsane to the effect abovespecified, viz: that he shall not transgres the boundes of his confynement, and for his good cariage and behaviour in tymecomeing, and alse that he shall compeir before the committie of estates to ansuer to ony thing can be laid to his chairge as he shall be called wnder the said paine of fyve thousand merkes Scots money by and attor the said fyne. Lykeas the said Mr Johne Corsane, personallie present, acted and obleist himselfe to the effect abovementionat, and alse to warrand and relive his saides cautiones of there becomeing cautione for him and of all that may fallow therwpoun aganes them or ony of them. In respect therof, the saides estates of parliament be thir presentes gives warrand to the proveist and baillies of Edinburgh and ther deputs, keeperes of the tolbooth therof, to put the said Mr Johne Corsane to libertie forth of the samene tolbooth quher he now remaines incarcerat, that he may remaine within Edinburgh and tuo myles therabout, conforme to the foirsaid confynement, quheranent thir presentes shall be a sufficient warrand.
[1644/6/281]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, haveing red and considdered the supplicatione givine in to them be Sir Johne Chartores of Amisfeild, encarcerat within the castell of Edinburgh, desyreing to be enlarged wpoun surtie to appeir befor the parliament or ther committie of estates quhensoevir he should be called, they have ordeaned him to be enlarged forth of the said castle and to be confyned within the toune of Edinburgh and tuo myles about the samene, he finding cautioune for his good behaviour, keeping of the boundes of his confynement and to compeir before the committie of estates to ansuer to any thing can be laid to his chairge wnder the paine of 10,000 merkes Scots, and hes remitted and remitts his tryell anent the relevancie and probatione therof to the committie of estates to be reported be them to the nixt sessioune of parliament. Conforme to the quhilke ordinance abovementionat and for obedience therof, compeired personally Robert, erle of Roxburgh, [...], erle of Annandaill, Sir William Greirsone of Lagg and Sir Johne Dalzell and become, acted, band and obleist them conjunctlie and severally as cautioneres for the said Sir Johne Chartouris of Amisfeild to the effect before ordeaned, viz: that he shall not transgrese the boundes of his confynement, and for his good cariage and behaviour in tymecomeing and alse that he shall compeir befor the committie of estates to ansuer for any thing can be layd to his chairge as he shall be called wnder the said paine of ten thousand merkes Scotts. Lykeas the said Sir Johne Chartores became acted and obleist himselfe to the effect before rehearsed, and als to warrand and relive his saides cautioneres abovenamed and everie ane of them of ther said cautionarie and of all that may fallow therwpoun, in respect quherof the saides estates of parliament be thir presentes gives warrand and order to the captane, constable and other, ther wnder officeres, keeperes of the castle of Edinburgh, to put the said Sir Johne Chartores to libertie forth of the said castell quher he is incarcerat, that he may remaine within Edinburgh and tuo mylnes therabout, conforme to the ordinance abovewrittin, quheranent thir presentes shall be a sufficient warrand.
[1644/6/282]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, haveing takine to ther serious consideratione the course and way laid doune by the conventione of estates for raising and wplifting of moneyes by way of excise for supplie and releife of the necessities of the armies raised and sent forth by this kingdome for reformatione and defence of religione, togidder with the actes made and set doune by the said conventioune of estates and ther committie theranent, and eftir mature deliberatioune, finding the same to be the most just and equall way least prejudiciall to this kingdome for raising and wplifting of moneyes for supplie and releife of the armies and for defraying of the publict debtes and burdenes contracted for that end, therefore the saides estates of parliament now conveened have ratified, allowed and approvine and be the tennour heirof ratifie, allow and approve the act made and set doune by the said conventioune of estates for imposing and laying one of the said excise to be wplifted of the particulare goodes and commodities conteined in the table annexed therto, with the actes and ordinances made and set doune be the committie of estates anent the regulating and wplifting of the said excise, togidder with all otheres actes and ordinances made and set doune by the said conventione of estates and ther committie or by the commissioneres for the excise conserneing the foirsaid excise and the ingathering and wplifting therof; and the saides estates of parliament ordeane the foirsaids acts and ordinances and everie ane of them to have the full force of ane act of parliament except allenerlie in so farr as the samene are heirby altered and changed in maner eftirmentioned, of the which act made and set doune for imposing and laying one of the said excise and actes for regulating therof the tennor falloweth: At Edinburgh, the thertie ane of Januarii 1644. The conventione of estates, considdering that this kingdome, haveing entered into a Solemne League and Covenant for reformatioune and defence of religioune, the honour and happines of the king's matie and the peace and libertie of the kingdomes of Scotland, Ingland and Ireland, and in persueance of these endes, being forced to leavie ane army to be sent into Ingland, and that by the said covenant they are bound in consience, duetie and for ther owne saiftie to contribute ther best endevores in provyding of some meanes for preservatioune of religioune, lawes and liberties from wtter ruine, for releife of the necessities of the armie sent from this kingdome for that purpose and for some supplie to the Scotts army in Ireland, and also remembering that the great burdenes of this kingdome have hithertills lyne wpoun the weill affected who did willinglie imbrace the same, whiles the malignantes were using all cuning wayes both to frie themselves and hinder otheres, doe find it absolutlie necessare that some constant, just and equall way least prejudiciall to the kingdome and most beneficiall to the cause in hand be resolved wpoun for setling a solid fundatione of a stocke of creedit and securitie wherwpoun soumes of money may be raised for the present supplie and future releife of the necessities of these armies; and eftir serious deliberatione have agreed that the same shall be by way of excise, and accordinglie statutes and ordeanes that the severall rates heirwnto annexed shall be laid one all and everie the commodities falloweing, over and above all customes and other dueties due and payable for the same, and recommendes to the committie of estates to take some course how this excise may most speedilie and with least trouble and expence to the kingdome be wplifted throw the shyres and burrowes therof.
One everie pynt of ale and small beer sold, to be payed by the bruer or maker therof, and to be allowed to him in the pryce, or which any house keeper brweth for his owne spending, to be payed by everie such house keeper: four pennies.
Beer or ale exported for provisioune of shipps is to pay no excise.
One forrane imported beer, every pynt: tuelve pennyes.
One everie pynt of strong beere, to be payed sicklyke by the bruer or house keeper: sex pennies.
One everie pynt of Frenche wyne allreddie imported or to be imported, to be payed by the first buyer therof (the buyere being a vintener) eftir the sale of the same, provyding it sell before Lambes nixt, or by the buyer for private use immediatlie eftir the buying: one shilling, four pennies.
One everie pynt of Spanishe wyne in lyke maner: tuo shill[ing], eight pen[nies].
One everie pynt of aquavitae or strong wateres sold within the cuntrey: tuo shillings, eight pennies.
One everie pund of tolbacco: sex shillings.
One everie slaughtered oxine, bull or kyne of sextene pund pryce or above, to be payed by the buyer or slayer: tuentie shillings.
And one everie one of them wndir that pryce: therteine shillings, four pennies.
One all oxine, bulls or kyne transported, to be payed be the transporter for the peace: tuentie four shillings.
One all sheepe slaughtered [or transported]† at or above fourtie shillings price, to be payed by the buyer†or transporter: four shillings.
And wnder that pryce: tuo shillings.
One all slaughter stirkes of eight pundes pryce or above: sex shillings, eight pennies.
Sicklyke one everie such stirke beneath that pryce: four shillings.
One all calfes or goates of fourtie shillings pryce or above sold for privat use: four shillings.
One each of them wnder that pryce: tuo shillings.
One all suyne: sex shillings.
One all lambes and kiddes: tuo shillings.
One the merchandice of everie elne of silke stuff from fyve merkes value to ten, to be payed by the buyer: sex shillings, eight pennies.
One everie elne therof above ten merkes: ten shillings.
One everie elne of plushe or pan velvet: tuentie shillings.
One everie elne of sattine: therteene shillings, four pennyes.
One everie unce of gold or silvere lace: therteine shillings, four pennyes.
One everie elne of gold or silvere cloath: thrie pundes.
One everie bever hat: tuentie four shillings.
One everie halfe bever hat: tuelve shillings.
One everie pair of silke stockings: therteine shillings, four pennyes.
One everie elne of broad cloath not exceeding sevine punds retailed: sex shi[llings].
One everie elne of cloath exceeding that pryce: tuelve shillings.
One each elne of narro cloath, searges and other worset or hair stuffes imported at or above fourtie shillings the elne: tuo shillings.
One the elne of baise or freiss at or above thertie shillings the elne: tuelve pennies.
One all cambrike, lawne or Holland cloath for the value of everie tuentie shillings: tuelve pennies.
One everie elne of imported pearling of threed or silke betuixt thrie or sex pundes: tuelve shillings.
One the elne betuix sex and tuelve pund and so forth proportionably: tuenty four shillings.
One coale exported in Scots or Inglishe bottomes of the value of tuelve punds: sex shillings.
One all coale of the same value exported in forrane bottomes: tuelve shillings.
One everie tuelve pund value of all kynd ore made worke brought home: therteene shillings, four pennies.
All maner of worke made within the kingdome to be frie of excise.
[1644/6/283]*[print] [email] [cite] [preceding] [following]
This excise to begine wpoun the tent day of Februarie nixtocome, and to indure onlie so long as the necessitie of the armie shall requyre, and at the farthest bot for ane yeere; and if the parliament at there nixt meiting shall in place heirof find out and appoynt a bettir and more expedit way to provyde money for supplieing of the armies and payeing the provisionne made to them in the interim, then this way of excise is to cease. And it is heirby declaired that the remainder of the brotherlie assistance, the arreares due to the armie in Ireland and what shall be due for mentenance of this armie and all other soumes adebted to this kingdome by the kingdome of England being payed, and therwith all publict debtes and burdenes of this kingdome with what shall be due to the armies being defrayed, the remainder therof over and above this defrayment shall be imployed for repayment of the excise in manor falloweing, viz: whatevir shall be the proportione of the excise gottine within the toune of Edinburgh and liberties therof, the equall halfe of the same shall be repayed to the magistrates and toune counsell for behoofe of the said toune; and everie other burght shall have repetitione of the tua pairt of the proportione of excise furnished by them, and the remainder not allowed to the burghes in manor foirsaid shall be givine proportionable for the publict wse of the severall shyres according to the quantitie of excise payed by them. At Edinburgh, the fyfteine of Februar 1644. Forsameikle as the estates of this kingdome, finding it necessarie that some meanes should be provydit for setling a stocke of credit or securitie wherwpoun moneyes may be raised for supplieing the necessities of the armies sent from this kingdome into England and Ireland, did by ther act of the last of Januarii wnanimouslie agrie and ordeane that the same should be by way of excise, and recommendit to the committie of estates to take the best way how the same might be most speedilie and with least expence managed and wplifted. And the committie of estates haveing takine the same to ther consideratione, they have thought fitt and accordinglie concludit and agreed wpoun the actes falloweing as most conduceing to the bettir regulating and wplifting of the moneyes to be raised one this excise, and ordeanes the same to be prented and published at the mercat croces and parishe churches of the kingdome wherthrow non pretend ignorance of the same, off which actes the tennor fallowes: The committie of estates thinke fit that, for the bettir ordering of this excise, there should be a commissioun setled to have the chairge therof, and for that purpose nominate and appoint Johne, erle of Lauderdaill, Johne, lord Ballmerinoche and Robert, lord Burghlie, Sir Patrike Hammiltoun, Sir Michaell Ballfoure of Deanemylne, Mr James Reid of Pitlethie, Sir Johne Smyth, proveist of Edinburgh, Johne Semple, proveist of Dumbartan, and James Stewart, merchant in Edinburgh, or any thrie of them and the lord chancellour to be supernumerarie, to be commissiouneres of excise; with power to them to governe the whole office of excise, to make actes and constitutiones for the bettir regulating therof and the more speedie wplifting of moneyes to be raised therwpoun, and to sie the same pute in executione; with power also to them to nominate, appoint, censure or displace as they shall find occasioune all subordinate officeres as collectores, surveyeres, keeperes of the registeres of entries and accomptes and all other subserviant officeres, and at ther entries to take ther oathes and surtie for the faithfull dischairge of ther offices, and to allow them such yeerlie and proportionable allowances for ther paines as they, with approbatione of the committie of estates, shall thinke fitting; as also with pouer to them to call to ane accompt als oft as they shall thinke fitting the theasurer of excise, collectoures, surveyeres and otheres intromettours and to keepe in record all the moneyes and entries that shall come into the office to be presented by them to the estates or ther committies as the same shall be called for, and generally with power to them to doe everie thing that may tend for the right regulating of this excise and to give ther oathes de fideli administratione. This commissioune to endur ay and quhill it be recalled by the estates or ther committies, to whom the commissioners are to be ansuerable for ther proceedings. Lykeas the committie of estates nominates and appoyntes [...]† to be thesaurer of this excise, with power to him and his servant or wnder receiver (for whom he shall be ansuerable) to receive the whole moneyes of excise from all the collectours therof and to disburse the same as he shall receive warrand from the estates or ther committies, without whose warrand he is to disburse nothing except the ordinarie allowances and other incident necessaries belonging to the office, as he shall be warranted by the commissioneres of excise; and the thesaurer is heirby appoynted to make and delyver a trewe and faithfull accompt of all receptes and disbursmentes to the commissioneres or quorum therof monethly or oftiner as he shall be requyred by the estates or ther committies, and shall give his oath and find cautione for the faithfull account and dischairge of his office. It is also ordeaned that ther be a register belonging to the office who shall keepe a booke quherin are to be insert all the receiptes of moneyes raised wpoun this excise (being allowed by the commissioneres) according as the same shall be givine wp by the severall collectoures in burghes and other places of the cuntrey; wherin also are to be insert the names and surnames of the collectores therof and of the severall places and paroches wherout off these soumes wer collected, with the dait of the delyverie therof to the thesaurer; as also [all] extractes that the surveyeres shall take out of ony note or booke belonging to the custome houss, and entries to be made by the surveyeres of exciseable goodes remaineing in selleres, storehouss or ony other places or houss of ony persones that sells, buyes or spendes any of these commodities; and this is to be without prejudice of the office of clerke to the excise and his deputes, who are to minute and frame all acts and warrandes that comes before the commissioneres or issueth from them and keepe a register therof, writ missives and doe everie other thing incumbent to the office of a clerke. The collectores are to receive and leavie money of all exciseable goodes within the boundes appoynted to them and to receive from the serveyeres of these boundes the inventar of excisable commodities, conforme to the survey or they themselves may inquire, and take wp the excise as they shall thinke best for the service. The collectores of the shyres of Edinburgh, Lithgow, Haddingtoune, Berwicke, Roxburghe, Peebles, Lanerke, Stirling, Pearth, Fyffe, Forfar, Clackemanan and Kinross shall the second Tuysday of Merche nixt come to the officers of excise and bring in the excise money payed the moneth before; they shall entir the same in the booke of office and then by warrand delyver them to the treasurer. Wpoun the second Tuysday of Aprile, the collectores of the shyres of Renfrew, Dumbartane, Argile, Tarbet, But, Air, Dumfries, stewartrie of Kirkecudbright, Wigtoun, Kincardene, Aberdene and Bamff shall doe the lyke since the tenth of Februarie. And wpoun the second Tuysdaye of May, the collectores of the shyres of Murray, Innernes, Nairne, Sutherland, Cromartie, Kaithnes, Orkney and Zetland shall doe the like since the tenth of Februarie last; and the collectoures are to doe everie other thing as they shall be warranted by the commissioneres. The surveyeres are heerby authoreized and warranted to entir the custome houss, search, vewe, examene, take copies of any custome or impost booke belonging therto; as also to entir the selleres, storehouss, brewhouss or ony other houss or places belonging to any persones that selles, buyes or spendes any of the saides commodities lyable to excise and to take inventar therof for the collectores wse in leveying the excise money. They are also to performe this service as they shall be commandit by the commissioneres. The subservient officeres are heirby authoreized with power to make searche for wnexcised goodes, and of all these who shall refuse to make true entrie of ther excisable commodities, and to sommond ofenderes befor the commissioneres and to doe any other thing competent to such officeres as they shall be warranted by the commissioneres. And that there officeres may the more reddily performe ther severall chairges and the excise money tymouslie lifted, it is statute and ordeaned that all importeres or brueres of beere to burghe or land, for sale or private wse within this kingdome, shall weeklie delyver to the collectour of excise or surveyor a true and perfyt list of the beer weeklie brued or imported be them as said is, and that they pay the excise to the collector weeklie and the bruer for privat use monethly, and both are to give wp ane accompt and make payment as affoirsaid wnder the paine of foirfait of the double of the beer concealed. Beside that, the bruer or importer for sale shall be dischairged his trad for a yeere thereftir, and this failzie, to be provine by any laufull maner of probatioune. And it is declaired that the excise of aill and wyne shall be wplifted according to the severall rates in the table of excise, alloweing to everie boll of broune malt conteyneing four firlottes of prickemet within the kingdome, fyfteene gallounes of ale, and to everie tune of wyne, sextie gallounes. And it is ordeaned that the buyer of ale, beir or ony other merchandice excisable and retailed shall notwithstanding of the trust of the stocke be obleidged to pay the excise in reddie money. It is ordeaned that all maltmene in burghe and land shall keepe a booke wherin shall be insert all the bolls of malt made by them and the names of all the buyeres therof, with the quantitie sold to everie persone and what quantitie they brew themselves; and which booke or dowble therof the said malt man shall delyver wnder his hand to the office of excise, collectores or surveyeres when he shall be requyred, and failzieing heirin, he shall confiscat all his malt concealed and not givine wp as said is. Lykas it is ordeaned that all milleres shall declaire and give wp to the collectours and surveyeres as they shall be requyred off all the malt ground at ther severall and respective mylnes everie weeke wnder all highest paine and as they will be ansuerable to the commissioneres of excise. Wheras a great quantitie of malt is wsually transported to the farr hielandes, it is ordeaned that the buyeres and transporters shall pay the excise to the selleres therof notwithstanding they buy the samene wpoun trust, and take a ticket of payment of the excise, which, being produced to the collector or surveyer wher they live, shall be freed of the excise; otherwayes shall pay the excise and foirfault the whole malt concealed. It is also ordeined that the custome and impost books be made patent to the surveyeres or other officeres of excise who are ordeaned to take a note of the same, and of the wynes entered therin besydes that the merchant ventureres or owneres shall be obleidged to declaire to whom he hath sold the same, wintener or other persone whatsomevir; and what they sell for private wse, that the first seller or importer shall be lyable for the excise therof, which is to be payed in by the buyer for private wse to them before the delyverie therof, notwithstanding the wyne it selfe is takine wpoun trust. And for such wynes as the merchant venturer hath before this tyme sold and delyvered for privat wse, it is ordeaned that the buyer or receiver shall be obleidged to give wp ane accompt therof to the collectour or surveyer of the excise and pay the excise therof. As also that the wintener give wp a weeklie accompt to the collectour or surveyer quhat they sell and pay excise accordinglie, wherin if ather the buyer of wyne for private wse or the wintner shall failzie, they are to foirfault the double availl of the wyne concealed and not payed for. Besides that, the wintner shall be dischairged sale of wyne for a yeere, and this failzie, to be provine as of before. That all makeres and selleres of strong wateres and aquavite give wp a true inventar wnder ther handes to the office of excise or to the collectores and surveyeres of the boundes quher they duell as they shall be requyred of all the strong wateres and aquavitae mad by them before it be sold, and eftir it is sold give wp a list of the first buyeres therof, with the quantitie sold to everie persone, to the effect the excise may be tryed and payed to the publict. And it is declaired that the makeres or selleres of the saides strong wateres shall pay the excise eftir they be sold and take the excise from the first buyer, and if the maker or seller failzie to give the said inventar or list, or if the samene shall be improvine according to the lawes of the cuntrie, the said maker or seller shall foirfaut the value of the strong wateres so conceald and improvin. Lykeas the first buyeres of strong wateres for sale shall give ane accompt of all the strong wateres and aquavitae lying in ther handes as yit wnsold and of what they have sold eftir the tenth of Februarii instant to the collectores or surveyeres within ther boundes, to the intent what is sold eftir the said day may pay excise, and failzieing heirine, to foirfait the value of the wateres not compted and excised; and the maker and seller payeing the excise shall give a ticket to everie other seller of the said stronge wateres testifieing that the excise is payed, and who so shall not instruct the payment of excise by the ticket foirsaid shall be lyable in payment of the excise and foirfault the value of the wateres not excised. And wheras it is the custome of all merchand wair excised that at the receiveing of ther goodes they make entrie to the office of excise and pay the excise before they retaill the same, or otherwayes that the surveyeres entir thir shoppes, wair houss or such other places where there goodes may be apprehendit and take oathes for helpe and qualificatioune, and confiscate the double for what is concealed for the first fault, yit notwithstanding, for the ease and bettir accommodating the merchandes traderes with excised goodes in this kingdome, it is ordeaned that the retailleres and selleres of goodes chargeable with excise shall monethlie give in to the commissioneres of excise (or ony haveing there warrand) a booke subscryved be there handes conteaneing ane not and ane accompt of all the severall goodes and commodities excisable and sold by them within that moneth, with the dayes of the moneth and persones names to whom they wer sold, and pay the excise accordinglie; and the failzie or omissioune heirin, to be the triple of the pryce of the commodities omitted or concealed and to be provine as afoirsaid. And it is ordeaned that all excisable commodities that are bought by a shope keeper or retailler from another, the first retailler or shopekeeper is lyable in payment of the excise. Also whatsomevir commodities ar bought by others than shopkeeperes for private use from the importer, the importer or first seller is lyable for excise. And whatsomevir commodities are bought from any importer by any other burger in ony other burghes or by ony merchand that keepes booth, the first buyer from the importer payes the excise in the place wher he lives. And therfore it is heirby declaired that the first importer is only lyable to pay the excise of these goodes he selles to any that have no residence within burghe or chapmen that have no constant residence bot travelles with his packe throw the cuntrey, and therfore, wpoun the importeres certificat of the first payment of excise, these pairties are frie. It is also ordeaned that the deacones of fletcheres within burgh or ony fleshor elsewher shall give wpe the names of all the maisteres of ther calling and the names of all those that presenteth fleshes to be sold in markets, and that everie maister shall give wp the name of all ther servantes and slayeres, and that the fletchores and slayeres of oxine, bulles or any slaughtered goodes mentioned in the table of excise in Edinburgh, Leith, Cannogait or liberties therof, Pottarraw, West Port or Pleasance shall compeir one Monday of everie weeke before the commissioneres of excise, begining the fourt Monday of Februari, the tuenty sext day of the moneth, bringing with them a list of all the slaughtered and sold goodes from the tenth of Februarie to the intent they may pay the excise therof; and failzieing of compeirance or paying the excise, they shall foirfault the pryce of each beast concealed toties quoties, and failzieing therof, shall be imprisoned till they make payment of all bygone excises and foirfaultores wnpayed, as also find cautione for there appeirance and paying of excises and foirfaites they shall incurre in tymecomeing and be dischairged of that calling dureing the pleasor of the commissioneres of excise. It is also ordeaned that every porter or any other that shall be appoynted within burghe shall keepe a booke to be givine in wnder ther subscriptione and declaratione to the commissioneres, wherin shall be insert the nomber and severall kyndes of all excisable beastes, both slaughtered and wnslaughtered, that entreth within the portes therof, with the names of the persones to whais behove those beastes are brought in; and the said porter or other appoynted shall receive the excise of the slaughtered goodes from the inbringer therof not sheweing a ticket from the surveyer that it is allreddie payed, otherwayes he shall take the excise and give a ticket to warrand him at all other surveyeres handes and delyver the same to the collector. And whosoevir buyeth skines or hydes of slaughtered goodes within burghe shall keepe a booke to be givine in wnder his subscriptione and declaratione, wherin shall be insert the names of the fleshoures and selleres of the skines and hydes within the saides burghes, that the more exact tryell may be had of all the slaughtered goodes therin least the publict be defraudit of the benefit of the same; and if the saides buyeres of skine and hyde neglect to bring in this booke monethlie and oftener as they shall be requyred, they shall foirfait all the skines they have cost and not givine wp, and this concealment to be provine wt supra, and the lyke or ony other course shall be takine by the commissioners for the best† of the kingdome in burghe or land. The excise of fleshes is to be payed by the slayer or fletcher for sale and sicklyke by any that have of there owne, whither payed by ther tennentes or of ther owne plenishing. Tuitching tolbacco, it is ordeaned that all the custome and impost bookes be patent to the office of excise or to the collectores and surveyeres, to the intent ane entrie may be knowne for the excise; and that all skipperes, marineres and owneres of tolbacco are obleidged befor they put out any goodes out of the shipes and vesselles to make a true entrie therof wnder ther subscriptione and wpoun declaratione, wnder the paine of confiscatione of what is concealed; and that they give wp ane inventar of all the tollbacco imported in ther ships or vesselles with the names of the owneres therof; and that no takseman shall take entrie of other goodes till the whole tolbacco be entered, to the effect it being sold, the excise may be payed to the publict for which the owneres shall be lyable, and shall keepe a booke which wnder ther handwriting and wpoun declaratione they shall produce to the commissioneres, collectores or serveyeres as they shall be requyred; in which booke shall be insert the names and surnames of all the buyeres, with the quantitie bought by everie one. And it is ordeaned that the first seller of tobacco shall give a ticket to everie buyer sheweing the excise therof payed to the publict, and if the buyer cannot instruct payment of this excise by this ticket, he is to be lyable in payment of the excise by and attor the payment and confiscatioune of his tolbacco. And for tryall of all tobacco allreddie imported and yit wnsold within the kingdome, it is ordeined that shope keeperes, taverneres, aleselleres or other selleres of tollbacco quhatsomever shall be obleidged to give a true inventar and accompt of all the tolbacco lying in ther handes or what they have sold efter the tent of Februarie to the office of excise or to the collectores and surveyeres within the boundes wher they duell, which, if they delay till search and tryell be made therof, they shall be lyable to the double of the excise by and attour the confiscatione of the tolbacco. And it is ordeaned that all skipperes, marineres or owneres of tobacco when they make entrie of the same shall find cautione to make payment of the excise aftir the sale therof. It is ordeaned that all coalemaisters be obleidged to cause there coallgrives at the loadening of ony ship or other wessell with coale to be transported out of this kingdome [to] keepe a booke wherin shall be insert the just pryce of the loadeneing of the said shipe or wessell, with the name of the ship maister or skipper and deat of loadening; which booke or double therof he shall give wp wnder his hand wryting to the collector or surveyer the first Tuysday of everie moneth, begining the first Tuysday of Merche nixtocome for the excise payable eftir the tent of Februarie before. As also the maister and owner of the coale shall upon his honour and credit subscribe the booke foirsaid that it is just and right to ther best knowledge, and failzieing of the giveing wp of the said inventar and paying of the excise therof, the maister and owner of the coale shall pay the triple of the concealed coale. It is ordeaned that all taksmen of the customes of the borderes for the bestiall drivine into Ingland shall keepe a booke and give in the same wnder ther subscriptioune and trew declaratione to the office of excise, wherin shall be insert the nomber and severall kynd of beastes, with the names of the droveres and dayes of the moneth when they pass; and shall be comptable for the excise therof four tymes in the yeir and oftiner as they shall be requyred; and failzieing of ther compeirance, compting and paying, shall foirfaut the triple of the excise foirsaid. It is statute and ordeaned that no breweres, selleres of aill or beer give any beer or aill to skipperes for provisione of ther shippes before the skipper delyver to them ane warrand and licence for the quantitie of the same from the collectour or surveyer within the boundes quher they load ther shippes, or (in ther absence) of the magistrat of the boundes, to the intent they take in no more beere or ale wnder that pretext nor may be judged sufficient for ther voyage. And incaise of the deliverie of ony beer or aill without the warrand foirsaid, the saides brueres or selleres shall pay the double of the excise of all beir and aile so and without warrand delyvered by them. It is ordeaned that all kynd of made worke brought home and sold, viz: brass chandelleres, spurres, brydill, bitts, stirrope, yrones, horse combes, knyve monted suords above ten merkes or gairdes above the same pryce, all maner of saddells, sadle and horsegraith, goldsmith work of all sortes, of plat, rings, jewelles (set or wnset), all forrane peuter, hangings, tapestrie, monted bedds, stooles, chayres, cushets, carpetes, blankcates, rugs, coverings, feather bedds, codds, bolsteres, quiltes, tronkes, chamber stooles, hatcaices, caves, cabinetes and cloakebagges, gloves and purses of all kynd, all made worke of Holland, cambrike, lawn, tiffeny plaine or laced, needle or cut worke, muffs, fanes, featheres, pockes, imbroydered cappes and slipperes or with lace, drinking glasses, wrought petticotes and waistcoates, clockes, watches and monteres bootes and shoes shall be givine wp by the merchandes selleres therof wnder subscriptione and declaratioune to the commissioneres, collectours or surveyeres and pay the excise therof for everie tuelve pund value, 13 shill[ings] 4 d.; and faillzieing of giveing wp or payeing the excise, to foirfait the worth of the goodes concealed. The committie of estates ordeanes the commissioneres of everie parish and collectores of the boundes joyntlie to appoynt the surveyeres to take sufficient cautione of them and administer to them the oath for faithfull administratione. And the surveyor shall give in ther weeklie or monethlie accomptes to the commissioneres of everie paroch, who shall subscryve the same joyntlie with the surveyer, and wpoun ther credit and honour to ther best knouledg testifie the treuth of the saides accomptes to the intent there may be a trew chairge to the collectours of excise. And also that the collectores shall give in the dowble of the surveyors booke so subscryved, with ther owne bookes wnder ther handes and declaratione, to the commissioneres that the accompts of moneyes therinconteaned are just and trewe. If any persone or persones lyable in payment of excise shall refuse, conceale or neglect to pay the same according to the rates conteyned in the table of excise or doe any thing contrary therto, the same being provine before the commissioneres, they shall foirfault the triple of the value of the goodes or commodities so by him concealed or not payed. And the commissioneres hath heirby power to give order for poynding the reddiest of the offenderes goodes and commit them to prisone till they pay the foirfait, and that the informer shall have payed him from the treasurer, which shall be allowed him the third pairt of ony foirfaits that shall accrese by his informatione. And it is ordeaned that all confiscate goodes, fynes, foirfaites and penalties takine by the collectores or surveyores or other officeres shall be payed to the office of excise with the excise moneys payable by them, the same confiscate goodes and penalties being insert in a booke with the names of whom they wer takine and for what causes, which booke they shall give in to the office wnder ther handes and wpoun declaratione, alloweing the third pairt to the informer as is afoirsaid. The commissioneres of excise have heirby power and authoritie to call before them any persone or persones they shall thinke fit to informe and testifie, tuitching all and everie ane of the saides ordinances in the excise, and to examene any persone wpoun oath for the bettir discoverie of onie fraud or neglect in the not entering of ony commodities to be entered or payeing the excise conforme to the ordinances mad theranent; which oath the commissioneres or ony whom they shall appoint by ther hand writtings shall have power to administer, and the testimonie of tuo credible witness to be sufficient in that behalfe. It is heirby ordeaned that all commissioneres, treasurie clerkes, registers, collectores, surveyores or other officeres of excise and all other persone or persones who shall doe ony thing in executione or performance of ony ordinance of the said office shall be therin from tyme to tyme protected and saved harmeles by the power and authoritie of the estates and ther committies. Lykeas all proveists and baillies within burghes, shereffs, stewarts, baillies, constables and ther deputes and other magistrates to burgh and land and all colonelles and committies of warre in the kingdome for the tyme are heirby commandit and ordeaned to be aiding and assisting to the saides commissioneres and officeres of excise and everie ane of them in the executione of ther severall offices and articles therinconteyned, and that they have a speciall cair that the excise of beere and aill, wines, fleshes and other things be duelie payed, and the refuseres punished according to the statutes in that behalfe made, and heirby they faill not as they will be ansuerable to the estates or there committies. And albeit by the foirsaid act made and set doune by the conventione of estates the said excise is only appoynted to indure for the space of a yeere eftir the tent of Februarie lastbypast, yit inrespect the publict debtes and burdings of this kingdome are increased and daylie increasing not onlie by supplieing of the necessities of the armies first sent to England and Ireland, bot also by raising and menteaneing of new armies for resisting of the late invasione one the south borderes and suppressing of the insurrectione in the north, the saides estates of parliament doe heerby declaire, statute and ordeane that the foirsaid excise and the collecting and wplifting therof shall now begine wpoun the first day of August nixtocome in this instant yeere of God jM vjC fourtie foure yeeres, and shall continowe and indure untill the first day of August thereftir in the yeir of God 1645 yeeres. And what evir excise is allreddy wplifted or exacted for ale, beere, wyne or ony other comoditie whatsomevir conteyned in the table of excise by the collectores, brueres, vinteneres, fletchores, merchandes or ony otheres persones whatsoevir since the tent day of Merch lastbypast, the saides estates of parliament ordeane the same to be wplifted, collected and payed to the theasurer of excise for the wse of the publict. And the saides estates of parliament declaire, statute and ordeane that the excise of the ale and beir shall be payed by the bruer either for sale or private wse according to the rate of four pennies for ilke pynt of ale and beir strong and small overheid, counting and allowing fyfteine gallounes for ilke boll of malt brued in ale and tuentie gallounes for ilke boll of malt brewed in beir strong and small overheid, and the bruer for sale for his releefe shall exact from the buyer for ilke pynt of ale or strong beir, four pennies, and for ilke pynt of small beir, tuo pennies. Item, the saides estates of parliament declaire and ordeane that beer and ale for provisione of ships shall nowayes be freed and eximed from payment of excise, bot shall be lyable and subject in payment therof, notwithstanding of the exemptione conteyned in the act and table of excise, which exactione is heirby dischairged. Item, the saides estates of parliament dischairges heirby all wintneres of wyne to exact heireftir the excise of ony Frenche wyne allreddie imported, and statutes and ordeanes that the new French wyne to be heireftir imported shall be lyable and subject in payment of a full yeires excise; and ordeanes the excise of the Spanishe wyne to stand and be wplifted and exacted from the said first day of August nixtocome dureing the space abovewrittin. Item, the saides estates of parliament for ease to the merchandes doe heerby declair that the merchant weares brought home before the first day of March lastbypast shall only be lyable in payment of the halfe of the excise therof conteyned in the table eftir the selling of the same to be declared by the merchandes declaratione wpoun oath. And the saides esteates of parliament, finding it necessary that a commissione be givine to some able persones who may have the ordering of everie thing conserneing the said excise and the speedie wplifting therof, have nominat and appoynted and heirby nominates and appointes Johne, erle of Lauderdaill, Johne, lord Ballmerinoche, Robert, lord Burghlie, George, lord Forrester, Patrike, lord Elibanke, Sir Johne Hope of Craighall, Sir Patrike Hammiltoune of Preston, Sir Gilbert Ramsay of Ballmayne, Sir Michaell Ballfor of Deanemylne, Maister James Reid of Pitlethee, Sir Johne Smith, proveist of Edinburgh, Johne Semple, proveist of Dumbartane, James Stueart, Johne Binny and Laurence Hendersone, merchandes burges of Edinburgh, and Johne, erle of Loudoune, highe chancellor of Scotland to be supernumerarie in this commissione, or ony thrie of them, to be commissioneres for the excise; and the saides estates of parliament have givine and granted and heirby give and grant full power and warrand to the saides commissioneres, or ony thrie of them as said is, to governe the office of excise and to nominate and appoynt collectores, surveyeres and other wnder officeres, and to make and set doune all such actes and ordinances as they shall find necessarie and expedient for the speedie wplifting of the said excise, and to sie the same put to executione, and also to call before them all persones whatsoevir who shall happine to transgress or violate any of the actes and ordinances made or to be made and set doune anent the excise or who shall happine to doe or offer ony wrong or injurie to the collectours, surveyeres, messingeres of armes or ony otheres persones who are or shallbe imployed in the excise, and to censure and punishe them as there fault deserves. With pouer also to the saids commissioners to grant and direct forth letters of horneing wpoun so many dayes as they shall thinke expedient, poynding, captione and all otheres lettires and executorialles necessarie and requisit for the speedie ingathering and wplifting of the said excise and for fulfilling of all actes and ordinances made or to be made theranent. And also for fullfilling of the bandes givine or to be givine by the collectours and ther cautioneres and for chairgeing of all persones who are or shall be nominate collectours, surveyours and commissioneres of parishes to accept the office, find cautione conforme to the order and dischairge ther duetie therin and in lykemaner. With power to the saides commissioneres to grant suspensiones wpoun good reasones of the chairges of horneing to be wsed for payment of the excise and to decide and discusse the saides suspensiones, and also to discusse, decide and determine all actiones, questiones and contraversies that may arise betuix pairtie and pairtie or betuixt ony pairtie and the collectores and surveyeres anent the excise and to pronounce decreet and sentance therin and direct lettires of horneing, poynding and otheres letters necessarie and requisit therwpoun. And sicklyke with power to the saides commissioneres, or ony thrie of them as said is, to modifie and allowe the collectores, surveyeres and other wnder officeres such reassounable fies and allowances for ther paines and service as they, with approbatione of the committie of estates, shall thinke fit. And generally with power to the saides commissioneres to doe and performe everie thing concerneing the right ordering of the excise and speedie wplifting therof. And the saides estates of parliament doe heirby statute and ordeane that the elderes in every parishe in landward and the magistates of the royall burrowes, ilke ane within there owne boundes respective, shall nominat and appoint surveyeres and tuo honest men within ilke paroch and ilke burghe who shall be commissioneres to subscryve the collectoures and surveyores comptes and attest the treuth therof according to ther best knowledge; and it is declaired and ordeaned that the roll to be subscryved by the surveyor and collectour and by the commissioneres for the paroches shall be a ground for the chairge of horneing to be givine to ony person for payment of excise, and also shall be a ground for the colleclectours chairge at the makeing of his accomptes; and if ony persone shall find himselfe hurt by the said roll, he shall give wp a roll himselfe to the surveyeres and commissioneres of his exciseable goodes and commodities wnder the paine of the confiscatione of the triple of the value of the goodes concealed; and ordeanes letteres of horneing to be directed by the saides commissioneres for the excise to chairge the elderes of ilke parishe in landward and the magistrates of ilke burghe to nominat and appoynt the saides surveyeres and commissioneres, and, being nominat, to chairge the surveyeres and commissioneres to accept the office in and wpoun them, give ther oath de fideli administratione befor the saides elderes and magistrates respective and dischairge ther duetie therine wnder the paine of horneing; and incaise of failzie, to denunce etc. And the saides estates of parliament doe heirby declair, statute and ordeane that the generall lettires of horneing allreddie directed or to be directed forth by the saides commissioners for payment of the excise, being execut aganes ony persone quhatsoevir lyable and subject in payment of excise ather personally or at his duelling place, and denunciatione falloweing therwpoun for disobedience of the chairge, the said horneing, notwithstanding of the generality of the lettires, shall be alse valied, effectuall and sufficient as any other horneing whatsoevir. And sicklyke the saides estates of parliament doe give heirby full pouer and warrand to the collectoures to poynd for the double of the excise and if ony persone shall refuse to pay the same thankefully before the expyreing of the dayes of the chairge to be givine for payment thereof; and declaires that it shall not be necessary to take the goodes and geir to be poinde[d] to the mercate croce of the heid burghe of the shyre or other jurisdictione within the which they are poyndit, bot onlie to appryse the same wpoun the ground, which shall be sufficient in this caise. And the saides estates of parliament doe heerby declaire, statute and ordeane that whosoevir shall refuse to pay the excise thankefullie and duelie in tymecomeing shall be lyable and subject in payment of all bygones since the said tent day of Merch lastbypast. And the saides estaites of parliament doe heirby command and ordeane all shireffs, stewarts, baillies, proveists and baillies of burrowes, collonelles and committies of warre and all other judges, magistrates and officeres whatsomevir and all maisteres and otheres whom it consernes to give ther best concurrance and assistance to the saides commissioneres, collectores, surveyeres and otheres officeres of excise in everie thing that may tend to the furtherance of this service and speedie wplifting of the said excise and puting of the actes and ordinances made or to be mad theranent to due executione, as they and everie ane of them will be ansuerable to the estates of parliament and there committies. And the estates declaires this commissione to be subordinate to the committie of estates of parliament and but prejudice to the clerke of register of the nominatione and placeing of the clerke of this commissione.
[1644/6/284]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, hes remitted and remittes to the committie of estates the nominatione of these persones who should be wpoun the delegat committie for the process to be chosine of there owne nomber, viz: off the nomber of the committie of estates or of any other persones the committie of estates shall thinke expedient; and the saides estates of parliament presently nominates and appoyntes the justice clerke and the tuo justice deputes (or ony tuo of them) to be wpoun the foirsaid delegat committie.
[1644/6/285]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, haveing takine to ther consideratione that the persons eftirspecefeit, viz: George Gordoun, elder, of Geicht, Rodger Lindesay of Maynes and Johne Sturgeoune of Torrerie are cited and processed before the parliament and are now in firmance within the tolbooth of Edinburgh for diverse and sindrie great and hynous crymes alledged committed be them and conteyned in ther severall dittayes, and that is expedient that they be tryed, further examined if need be and all maner of legall probation usit aganes them to the effect they may be pronunced guiltie or innocent of such crymes as are to be laid to there chairge, and accordinglie may be censured or declaired frie eftir the tryell to be laid aganes him according to ther demerites; and furder considdering that for the bettir effectuating therof it is necessare that ane commissione be granted to such of ther owne nomber as they shall thinke expedient and such otheres as they shall thinke fit to joyne with them for taking of the said tryell and considdering of the just desertes merited by the foirsaids persones, therfore they have givine and granted and be thir presentes gives and grantes full power, autorite and commissione to the particulare persones eftirspecefeit, viz: Johne, lord Hay of Yester, John, lord Lour for the noblemen; Andrew Agnew, appeirand of Lochnaw, Mr George Dundas of Maner and Johne Shaw of Grennoke for the barrones; Robert Mekiljohne, burges of Edinburgh, Alexander Inglishe, burges of Pearth, and Mr Robert Cunynghame, burges of Kinghorne, for the burrowes; Sir Johne Hammiltoun of Orbestoun, knyght, justice clerke, Mr Alexander Colvill of Blair and Mr James Robertoun of Bedlay, his maties justice deputes (not as ordinarie judges in the offices of justiciarie bot as commissioneres delegat be the saides estates of parliament), with the remanent commissioneres foirsaids, or to ony quorum of the said nomber of the foirsaidis persones being pretent for the tyme, which quorum shall consist of four of them, there being ane of everie estate and the lord justice clerke or ony ane of the said justice deputes, to proceed in the foirsaid tryell aganes the saids persones and to receive dittayes aganes them and discuse the relevancie therof and to receive all laufull probatioun ather wpoun ther owne depositiones or wpoun the depositiones of witness or other probatione led or to be led aganes them, and accordinglie with power to them to find and decerne the foirsaides persones gyltie or innocent according to ther owne depositiones or the depositiones of witness and other probatioune led or to be led aganes them as said is without proceeding to the knowledge of ane inqueist or assyse. With full pouer to the saides commissioneres, or such ane nomber of them as is appoynted to be a quorum in maner abovewrittin, to deduce all legall sort of probatioun be writ, witness or otherwayes competent of the law and to wse repetitione of all former probatione allreddie led and depositiones of pairties and witness allreddie received for tryell of the saides crymes; and with power to call the saides delinquentes before them at such dyetes as they shall appoynt, to ansuer to the crymes particularlie and respective conteyned in the saids dittayes to be givine in aganes them in maner abovewrittin; and for that effect, if need beis, to direct ther preceptes or sommondes for sommonding of witness wnder the pane of horneing for proveing of the saids crymes aganes the saids delinquents. And the saides estates of parliament be thir presentes dischairgs the saids commissioneres or ther quorum foirsaid to pronunce any sentance of censure or punishment aganes the foirsaides persones, and ordeanes this commissioune to continowe whill the cloiser of the proces aganes the delinquentes; as also ordeanes the commissioneres, or ther quorum foirsaid, to report to the nixt sessione of parliament quhat they find aganes the foirsaids persones, delinquentes, eftir tryell. And the estates of parliament reserves to themselves the sole and only power of censureing and punishing of the saides delinquentes, to be determined and condischendit wpoun be the saides estates of parliament as they shall thinke expedient eftir consideratione be them of the foirsaid report.
[1644/6/286]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, considdering that Sir Thomas Hope, his maties advocate, Sir Thomas Nicolsone of Carnocke, knyght, Mr Alexander Persone, advocate, Mr Rodger Mowat, Mr James Baird and Mr Thomas Nicolsone, advocates, wer imployed be the committie of estates in the moneth of Januarie last to serve the saides estates in all actiones, materes and efaires concerneing ther calling as advocates and procuratours foirsaids, and that Mr Robert Dallgleishe wes imployed as ordinar agent for the saides estates, in the quhilke imployment the foirsaides procuratours and agent have dischairged ther dueties faithfully and honestlie according to ther abilities; therfore the saides estates approves of there cariage therintill in all and everie actione of there said cariage since the tyme foirsaid, and the estates of parliament recommends to the committie of estates to grant a recompence to the persones respective abovenamed for ther paines and labores.
[1644/6/287]*[print] [email] [cite] [preceding] [following]
Anent the supplicatione givine to the estates of parliament quherof the tennor fallowes: Wnto the estates of parliament, humbly means and shewes your lords daylie servitoures, the maisseres of the privie counsell and sessioune, that quher our extraordinarie paines and travell in attending our severall services at this highe court of parliament and severall committies therof since the first dounsitting hes bene painfully and diligentlie performed by us without any benefit or casualitie therfor, to our great chairges and expenss, especiallie at this tyme sieing we have no other judicatories to attend wpoun, heirfore wee most humbly beseike your lords to modifie to us such a consideratione for our said service and that out of the fynes of those that are fyned be this present parliament or ony other way your lords in your wisdomes shall thinke expedient, and your lords ansuer humbly we crave. Quhilke being this day red in audience of the parliament, the estates of parliament recommendes the saides supplicantes, with ther supplicatioune and desyre therof foirsaid, to the committie of estates of parliament residing at Edinburgh, to be tane in consideratione be them and to take sicke course theranent as the committie shall thinke expedient for the supplicantes satisfactione.
[1644/6/288]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, renewes the commissioune granted by his matie and estates of parliament in the said last sessioun of the last parliament in anno 1641 for conserveing of the articles of the treattie of peace betuix the kingdomes of Scotland and Ingland to the whole remanent commissioneres therinmentionat (except these who are not covenanters), and adds to the former nomber Johne, erle of Cassilles to be one of the said commissione, with that power, priviledge and libertie as if he had beine insert in the said commissioune from the begining, and ordeanes the same commissione to stand in full force and strenth conforme to the tennour therof to the whole remanent commissioneres therinconteined and to the said erle of Cassilles now addit (except befor excepted).
[1644/6/289]*[print] [email] [cite] [preceding] [following]
The estates of parliament haveing hard the lettires directed from the marques of Argile red in audiance of the parliament, they recommendit the samene letters and consideration therof to the committie of estates. Lykeas the saides letters wer givine bake to the lord chancellor to quhom the samene wes directed.
[1644/6/290]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveind by vertue of the last act of the last parliament haldine by his matie and thrie estates in anno 1641, for encouraging of these who hes gone out or shall goe out in the expeditiones and armies leveyed by the estates for the good cause and for persueing the enemyes therof to goe one in that publict service, statutes and ordeanes that all souldieres that hes or shall willinglie goe out in the publict service foirsaid and are or shall happine to be so hurt and woundit in the defence of the publict cause or in persueing the enemyes therof that they are therby disabled from ther ordinarie imploymentes and working in ther severall callings and craftes and hes no other meanes of mentenance for themselves, shall be menteaned wpoun the publict chairges in such competent way and maner as the estates of parliament, conventione of estates or ther committies shall thinke fitting eftir tryell and consideratione of ther hurtes and woundes and of the maner of the getting therof and of the disabelling of the saides souldieres from the exercise of ther crafts and callinges; and for further assurance heiranent, the estates of parliament interpones and gives the publicke faith of the kingdome to the effect abovespecified.
[1644/6/291]*[print] [email] [cite] [preceding] [following]
The estates of parliament be thir presentes gives order and warrand to the proveist and baillies of Edinburgh for causeing execute Williame Maxwell of Midkeltoun, conforme to the ordinance of the decreet of foirfaultour givine and pronunced aganes him, and ordeanes the executioune to be wpoun Frayday nixt at tua houres eftirnoone.
[1644/6/292]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, considdering that the payment of the loan and taxt and other impositiones for the publict service payable out of these landes and teyndes which are disponed in proper wodset by the heritores therof to the receiveres of the samene wodsets wndir reversioune may be hindered and delayed wpoun thir doubtes and queries, viz: whether the receiveres of the wodsets should relive the heritoures of the loan, taxt and other impositiones for the publict service or not; secundlie, whither or not the receiveres of the wodsets (haveing set the landes in take to ane third persone as tennent without consent or mentioun of the heritores granteres of the wodset ther names in the takes) the tennent ought to reteene in the first end of his duetie the loan, taxt and other chairges payed out by the tennent for these landes for horse, foot and amunitione to the wse of the publict; thirdlie, queritur (the tennentes being obleidged in ther takes to relive the receiveres of the proper wodsets, granteres of the saids takis, of all taxationes and impositiones to be imposed wpoun the wodset landes) whither or not that generall obleidgment to relive the wodsetter of all taxationes and impositiones ought to inferre aganes the tennentes so obleidged reliefe to the wodsetteres of the loan, taxt and other publict impositiones. The estates of parliament, for cleering heirof, finds and declaires that the receiveres of the foirsaids proper wodsetts (who are ather actuall possessours themselves of the landes and teyndes wodset to them or hes set the samene to tennentes who possess by takes or rights from them) ought and should relive the heretores, granteres of the saids wodsets, of all loanes, taxationes and otheres impositiones for the publict service, except it be otherwayes provydit by the contract of wodset; and als finds and declaires that the tennentes of these proper wodsetts lands ought to have retentione of the loan, taxt and other impositiones payed out by them for these landes for the use of the publict in the first end of the dueties therof. And sicklyke the saides estates finds and declaires that albeit the tennentes be obleidged by ther takes to relieve the receiveres of the wodsetts, granteres of the samene takes, of all taxationes and impositiones to be imposed wpoun the saides wodset landes, yit that generall obleidgement shall not inferre releife by the tennentes to the wodsetteres of the payment of the loan imposed wpoun the saides landes for the wse of the publict, bot onlie releife of other impositiones and taxationes sieing the loan is to be repayed to the wodsetter, granter of the takes.
[1644/6/293]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, considdering that the act of parliament made at Pearth in the moneth of Julii 1606, cap. 10, it wes then statute and ordeaned in all tymecomeing that all decreetes givine by shereffes, commissares, baillies of regalities, baillies of bailliaries and stewartries should pas and have executione of horneing wpoun ten dayes warneing, as at more lenth is conteyned in the said act, wherin there was in the tyme of the passing therof omitted and not expressed therin the decreets to be givine by lion king at armes aganes herauldes and messingeres and otheres his pursevants, which being a necessarie judicatorie in it selfe and of its owne nature importing summer executione, therfore the saides estates of this present parliament, considdering the necessitie therof, ordeanes for the greater furtherance and bettir executione of justice to all his maties leidges and escheweing the superfluous and wnnecessarie chairges which they susteind by obteaneing decreetes conforme (wpoun the decreetes obteyned befor the said lion king at armes aganes heraulds and messingeres and others his pursevantes), that the lyke letters and executione of horneing be directed and granted by the lordes of sessioune wpoun all acts, decreets and sentances of the said lyone king at armes aganes herauldes, messingers and otheres his pursevantes as are granted and directed wpoun decreetes, actes and sentances of the saides shereffs, commissares, stewartes and baillies, conforme to the said act of parliament made theranent and eftir the forme and tennour of the same in all poyntes.
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The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, being sensible of the great chairges and expenss that just and laufull creditoures are put to in seeking payment of ther true debtes by comprysing of the soumes oweing to ther debtors by heritable bandes, contractes and otheres writts beiring payment of annualrent for the samene soumes, which, in respect of the obleidgment for annualrent, are not arreistable, and therby the creditoures put to the chairges of comprysing therof as said is, and heirwith also being cairfull to remeid the samene, the saides estates finds and declaires that all soumes of money which are adebted by bandes, contractes and other personall obleidgements wherwpoun no infeftment hes fallowit or proceedit are and shall be arreistable at the instance of ony creditour of that persone or persones to whom the samene soumes are adebted or due to be payed, and that therwpoun the samene soumes so arreisted may be persued and sought to be made forthcommand to the creditoures arreisteres therof for payment of ther just debtes conforme to ther severall rights, arreistmentes and diligences to be wsed therwpoun, notwithstanding that the bandes, contractes and otheres obleidgementes wherby the saides arreysted soumes are adebted and due beare payment of annualrent for the same soumes as said is; and the estates declaires that this is only to be extendit to the just and laufull creditores of the persones to whom the saides soumes are adebted for the more summare and bettir payment of the saides creditores ther laufull debtes and no wayes to change the nature of the saids soumes nor to prejudge the heir nor ony other persone ther rightes to the samene soumes as being heritable, which are heirby declaired to remane in there owne nature and conditioune wnchanged heirby prout de jure, except that onlie the samene are arreistable at the instance of laufull creditores in maner and to the effect abovespecified and no otherwayes.
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The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine by his matie and thrie estates in anno 1641, taking to ther consideratioune the mane grievances and oppressiones committed within the cuntrey of Zetland represented to them be the commissioneres from the poor people of the said cuntrey, and finding the same cannot be so well tryed and redressed in the bounds quher the same wer committed, lying so fare frome the ordinarie course of justice, and the most pairt of thir complaintes reflecting wpoun suche as have borne office there, and with all the saides estates knoweing the interest of Williame, erle of Mortoun in the said cuntrie and his generous dispositione and abilities to doe justice for redressing the saides grivances, they doe therfore make and constitute and be thir presentes makes and constitutes the said erle and his deputts, whom the saides estates gives him power to make and for whome he shall be ansuerable, justices in that pairt to the effect wnderwrittin, giveand, grantand and committand to them full power and commissioune, express biddinge and chairg [to hold] courtes of justiciarie at quhatsomever pairtes and dayes laufull and convenient, to set, begine, affixe, hold and continowe sutes, to make, be called absents, to merchiat wnlawes, amerciamentes and escheits of the saides courtes, to aske, lifte and raise and for the same, if need beis, to poynd and distreinzie and to proceid and minister justice in all and everie of the saids greevances and complaintes to be givine in to the said erle or his deputes and actiones criminall or civill to be persued before them, and to give decreets and sentances therwpoun according to the nature of the fact, and to sie the same put in executione accordinglie, and for this effect to direct ther owne preceptes and to warne the pairties before them, and such as does not appeir, to cause apprehend and bring to there tryell according to the nature of ther offence, assysse and witness als oft as need bees wnder the usuall and accustomed paines to sommond, warne, choose and cause be suorne, clerkes, serjantes, dempsteres and otheres memberes of court needfull to make, substitute and ordeane for whom the said erle shall be holdine to ansuer, and generallie and sindrie otheres things to doe and exerce quhilkes for executione of this commissioun are requisit and necessare, firme and stable holding and for to hald all and quhatsomevir things shall be laufullie done heirin, chairgeing heirby all and sindrie his maties leidges and subjectes to acknowledge, concurre and assist the said erle and his deputes in all things tending to the commissione and executioune therof as they will be ansuerable to the parliament at ther highest perrell. This commission to indure for the space of thrie yeeres eftir the dait heirof, and ordeins publicatione to be made heirof be oppine proclamatioune at the castell of Scalloway and otheres places needfull.
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The estates of parliament be thir presentes gives warrand and order to any of the freendes of Williame Maxwell of Midkelton to have access to him and conference with him within the tolbooth of Edinburgh, any ane of the baillies of Edinburghe or keeper of the tolbooth therof being present and heiring the same.
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Sir Johne Smith, proveist of Edinburgh and ane of the commissioneres for the burgh of Edinburghe, protested in name and behalfe of the burrowes aganes the sitting and voyceing of [...] Greirsone of Bargaltoun as commissioner for the stewartrie of Kirkecudbryght, and the commissioners for the barrones protested in the contraire of the foirsaid protestatione.
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The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine by his matie and thrie estates in anno 1641, considdering the great prejudice and inconvenient whilke the inhabitantes of Caithnes susteanes throw want of ane publict regester within the shereffdome therof off seasinges, renunciationes, reversiones, dischairges of reversiones and assignationes therto and other writts and evidents of that kind as is ordinare in other shereffdomes of this kingdome, who throughe want therof are necessitate to goe to Innernes, four or fyvescoir myles distant, for registratione therof; as also the prejudice which they sustene in comeing to Edinburgh for finding of cautioune in lauburrowes and lousing of arreistmentes, the pairties chairged oftinetymes, throw the malice of the pairties chairgeres, being denunced and put to the horne before they can possibly send or repaire themselves to Edinburgh at so farr distance, being letted and hindered specially in winter be many interveneing impedimentes of firthes and otheres. For remeed quherof and ease of the saids inhabitantes, doe heirby give power and commissione to Sir Alexander Gibsone of Durie, knyght, clerke of our soverane lords register, to setle ane publict register of seasings, renunciationes, reversiones and otheres foirsaides within the toune of Weik in Caithnes, and for that effect to make and create clerkes, ane or ma, and otheres memberes needfull for dischairgeing of the same place, with all fies, casualities, priviledges and immunities to the said office knowne to apperteine and quhilke ony other the lyke clerke bruikes and enjoyes within this kingdome; and sicklyke with power and commissione for appoynting of all cationes and soverties for lauburrowes and lousing of arreistmentes within the said sherefdome to be fund and acted in the shereffs clerkes bookes of Caitnes or ony other to be ordeaned and constitute be him for that effect, ordeaneing heirby all lettires of lauburrowes and for lousing of arreistment to be raised aganes any persone within the said shireffdome to be directed be the lordes of counsell and session for finding of cautione and lousing of arreistment in the saids clerkes bookes sua to be appoynted. And the saides estates considdering the prejudice and damnage which may aryse to the present keeperes of the saides registeres at Innernes and to Mr Johne Skeene, clerke of the bills, who may be heirby interest, doe therfore give warrand and commissione to the said clerke register to cause and sie the saides persones and all otheres heirby concerned and interesed to get all satisfactione and contentment in reassone according to ther severall rightes and interess from the saides inhabitantes of Caitnes. Lykeas the saides estates declaires that what shall be done in the premiss shall have the strenth and force of ane act of parliament in all tymecomeing.
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The estates of parliament, presentlie conveend by vertew of the last act of the last parliament haldine by his matie and thrie estates in anno 1641, ratifies and approves ane chartour and infeftment wnder the great seale granted be his matie to Mr Alexander Colvill, doctour of divinitie in the wniversitie of St Androis, eldest laufull sone to Johne Colvill of Westercomrie, his aires and assigneyes quhatsomevir heritablie and irredeemablie, bot ony reversioun, redemptione or regres, off all and sundrie the landes of Lurge and Kincardine, with the pertinentes, and of all and sindrie these sevinteine aikeres of land lyand wpoun the eist and north pairts of the toune of Cullrose, with the pertinentes designed and occupyed in maner specified in the said chartor, togidder with the teyndes of the saides haill landes and aikeres includit saltpans, coales and coallheughes therof, with the fewfermes, tennentes, tennendries, service of frie tennentes and haill pertinentes of the samene lyand within the shereffdome of Pearth, and sicklyke of all and haill the landes of Westercumrie, with the maner place, coiles and coaleheughes of the samene, yairdes, orchyairdes, toftes, croftes, wods, pairtes, pendicles and all ther pertinentes, with the teyndshaves of the samene and of ellevine poultrie and of ane weddir awand furth of the saides landes, and of all and haill the tua yairds, with the houss, mansione and clos conteind in the said chartour, proceiding wpoun the resignatione of the said John Colvill, his father, conteaneing therin ane gifte de novodamus, to be holdine of his matie and his successours in maner conteyned in the said infeftment, quhilke chartour is daited at Edinburgh, the eight day of Merche jM vjC and fourtie tua yeeres, with thrie severall charteres and infeftmentes granted wnder the great seill be umqhile King James, his maties father of happie memorie, to the said Johne Collvill, father to the said Mr Alexander, his aires and assigneyes therinspecified off the saides landes, teynds, saltpanes, coilles, coillheuches and otheres abovespecified therinexprest, ane quherof is daited at Falkland, the eighteine day of September jM vC and fourscoir sevine yeeres, the other daited at Halyrudhous, the tuentie day of Merche jM vC and fourscoire sevine yeeres, and the third daited at Halyrudhous, the tuentie tuo day of December jM vC and fourscoire ellevine yeeres, with ane act of parliament made be his maties said umqhile darrest father and estates therof wpoun the fyft day of Junii jM vC and fourscoire tuelve yeeres, ratifieand 2 of the saides infeftments abovewrittin, the ane at Falkeland, the said eighteine day of September 1587 yeeres, and the other at Halyrudhous, the said tuentie tua day of December 1[5]91 yeeres, with the preceptes and instrumentes of seasing falloweing wpoun the saides haill chartores and everie ane of them, with the procuratoris and instrumentes of resignatione wherwpoun the samene proceedit, with ane chartour of confirmatione wnder the great seale, of the dait the sext of Merche jM vC and fourscoire sex yeeres, confirmand tuo chartours, ane of the landes of Westercumrie to Nicolas Dundas and the other to Johne Collvill of some tenementes and particles of ground specefeit therin, with ane other chartour granted to the said Johne Collvill be umqhile James, lord Colvill of the saides landes of Westercumrie, daited the sevint of Februarie jM vjC and tuellff yeeres, togidder with all otheres chartoures, infeftmentes, seasings and otheres rightes and securities made to the said Mr Alexander Collvill or his father or ony otheres his predicessores of the saides landes and otheres abovewrittin in the haill heides, clauss, articles, conditiones and circumstances conteyned therintill, eftir the formes and tennores therof, and willes and grantes this present ratificatione of the saides chartoures and infeftments speciallie and generallie abovespecefeit shall be als valied and effectuall as [if] the samene and haill tennours therof wer heirin word be word ad longum insert and ratified notwithstanding the samene are not per expressum insert, quheranent the estates foirsaides dispenss. And farder the saides estates of parliament hes dissolved and be thir presentes dissolves all and sundrie the saids landes, teynds and otheres foirsaids fra his maties croun and fra all actes of annexatione of lands and superiorities to the croune sa far as the samene may appeir to comprehend the landis, teyndes and otheres foirsaides, to the effect the said Mr Alexander Collvill, his aires, assigneyes and successores may bruike, joyse and posses the saides lands, teynds with fewfermes, tennents, tennendries, superiorities and otheres abovespecefeit as ther owne frie heritadge in all tymecomeing, to be holdine of his matie and his successoures in blensch and fewfermes respective for paymet of the blensch and few dewties conteyned in the infeftments abovewrittin granted to the said Mr Alexander and his predicessours foirsaids, and, if neid beis, ordeanes ane new infeftment to be past and exped to the said Mr Alexander and his foirsaids of the premiss with all clauss needfull, to be holdine of his matie and his successores in maner abovespecified.
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The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, ratifies and approves the chartor and infeftment wnder the great seill, granted be his matie with consent of the lords commissioneres of his hienes thesaurie and remanent lords of excheqher, to his maties trustie cusigne George, lord Mellvill of Monymaill and his aires maill off the landes, lordship, barronies, title, honour and dignitie of the lordship of Monymaill, comprehending the landes and barronie of Monymaill, with the maner place therof, the lands of Lethane, propertie, tennendrie and superioritie of the samene, with the teynds, personage and viccarage of the foirsaides haill lands, togidder with the fewmailles and fewfermes therof, tennents, tennendries, service of frie tennentes of the samene, with mylnes, multoures and haill pertinentes therof, with the haill otheres landes annexit therto contenit in the said infeftment proceeding wpoun the resignatione of umqhile Johne, lord Mellvill of Monymaill, father to the said George, conteyneing also ane gifte de novodamus, to be holdine of his matie and his successores in blensch ferme and fewferme respective for the payment of the fewdewties and blensch dewties therconteyned, quhilke is of the dait at Oxfoord, the eighteene day of Merch jM vjC and fourtie thrie yeeres, togidder with all and quhatsomevir chartores and infeftmentes of the saides landes, lordship, teynds and otheres foirsaids made be his matie or his predicessours to the said George, lord Mellvill and his predicessoures of the samene in the haill heides, clauss and provisiones therinconteined, and declaires this present ratificatioune to be alse valied and effectuall as if the saides chartoures and infeftmentes, with [the] preceptes and instrumentes of seasing falloweing therwpoun, wer heirin per expressum insert, quheranent the estates foirsaides dispenss for evir. And als declaires that the same infeftment, with the other chartores and infeftmentes granted to the said George, lord Mellvill and his predicessores of the premiss, is and shallbe valied and effectuall rightes to the said George, lord Mellvill and his successoures for the peaceable bruiking and joysing of the said lordship of Moniemaill, haill landes, teyndes and otheres foirsaids annexit therto, with the said title and dignitie of Lords Mellvill of Moniemaill notwithstanding whatsomevir act, statute, proclamatione or other impediment whatsoevir which may appeir to include the samene or derogate therto, quhilkes the estates foirsaides declaires to be voyd and ineffectuall in sua far as the samene may be extendit to the saides landes and lordship of Moniemaill, [the] title and dignitie of the samene and otheres foirsaides contenit in the samene infeftmentes. Attoure, incaise it may be fund that the said lordshipe of Moniemaill or ony pairt therof hes bene annnexit to the croun or declaired to perteine therto in ony sort (quhilke is nowayes granted), than and in that caise the estates foirsaids hes dissolved and be thir presentes dissolves the samene lordship, comprehending the landes, teyndes and otheres foirsaids, fra his maties crowne and all annexationes in sua farr as the samene may seime to comprehend the samene, to the effect the said George Mellvill and his foirsaids may bruike and joyse the said lordship of Moniemaill comprehending as said is to be holdine of his matie and his successoures in few and blenshe fermes respective in maner conteyned in the samene infeftment; and ordeanes, if need beis, ane new infeftment to be past in favores of the said George, lord Mellvill and his foirsaides.
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Mr Rodger Mowat, advocat, in name and behalfe of the fewares of Lethame, protestit that the foirsaid ratificatione granted in favoures of the Lord Mellvill should be allwayes but prejudice of the rights and infeftmentes granted to the feweres of Lethame.
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The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine by his matie and thrie estates in anno 1641, hes for certane causs and consideracons moveing [them] ratified and approvine and be the tennour heirof ratifies and approves that retour of the daite the nynt day of Apryle jM vjC and fourtie yeeres wherby umqhile David Prestoun of Craigmeller (designed therintill David Prestoun of Quhythill) wes serveit and retoured air maill to umqhile Robert Prestoune of that ilke in all and sindrie the landes and barronies of Craigmeller and Preston, comprehending the landes and otheres therinmentionat, and all and sindrie the personage teyndis of the barronie of Craigmeller, the landes of Cairnetowes, Brigend and Camrone, togither with the instrument of seasing falloweing therwpoun, off the dait the therteine of Aprile the said yeere jM vjC and fourtie, wnder the note and subscriptione of umqhile Mr Johne Oliphant, shereff clerke. Item, that chartour and infeftment wnder the great seale, off the dait the second day of Februarii jM vjC and fourtie ane yeeres, quherby his matie note only ratifies and approves that chartour of the dait the nynt day of Julii the said yeere jM vjC and fourtie maid and granted be the said umqhile David Prestoune of Craigmeller in favoures of George Prestoune, now of Craigmeller (designed therintill George Prestoun, his eldest laufull sone) and Jeane Gibsone, his spous (designed therintill his effeiran spous) and to the langest liver of them tua in conjunctfie and to the aires maill then to have bene procreat betuixt them, quhilkis failzieing, [to] the said George Prestoune of Craigmeller, his aires maill and assigneyes quhatsomevir heritablie and irredemablie, off all and sindrie the saides landes and barronie of Prestoun (alias Yourtoun), with the maner place of Wttershill, with houss, biggings, yairds, mylnes, multores, wods, fishings, tennents, tennendries and service of frie tennentes, pairtes, pendicles and haill pertinentes of the samene, lyand within the parochine of Lasswad and shireffdome of Edinburgh; and sicklyke in favours of the said George Prestoune and his saides aires maill and assigneyes whatsomevir off all and sindrie the saids lands and barronies of Craigmeller, teyndshaves and personage teynds therof abovewrittin lyand within the parochine of Libbertoun and shereffdome of Edinburgh foirsaid, with reservatione of the said umqhile David Prestoune of Craigmeller, his lyferent of tuentie four chalderes beir to be wplifted furth of the saides lands and barronie of Craigmeller and Camrone in maner mentionat in the said chartour. Bot also his hienes of [new] gifted, granted and disponed in favores of the said George Prestoun of Craigmeller and his said spous and there foirsaides in forme and maner abovementionate all and sindrie the landes, baronies, teyndshaves and otheres abovewrittin in maner above devydit, togidder with the precept wnder the quarter seale of the dait of the said chartour, togidder also with the instrument of seasing falloweing therwpoun, off the dait the third day of August the said yeere jM vjC and fourtie ane, wnder the note and subscriptione of Maister Robert Gillmour, notar publict, quhilke is registrat in the generall register of seasings wpoun the tuentie eight day of the said moneth of August, togidder with all and sindrie other infeftmentes, writes, rightes and securities made and granted to the said George Prestoune of Craigmeller, his predicedsoures and authours off and conserneing the saides landes, barronies, teyndes and otheres abovewrittin, with all that hes fallowed or may fallow therwpoun, in all and sindrie heids, clauss, articles and conditiones therof; and admitts the generalitie of this present ratificatione to be als good, valied and sufficient as if everie particulare infeftment, writ, right and securitie wer ad longum et de verbo in verbum exprest and set doune heirintill, quheranent the estates of this present parliament hes dispensed and be thir presentes dispenss for now and evir.
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The estates of parliament, presentlie convenit by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, hes ratified and approvine and be thir presentes ratifies and approves the chartour and infeftment made and granted be his maties umqhile darrest father of happie and eternall memorie to umqhile Alexander Campbell, commendatour of Ecolmekill and pryor of Archattane, and to his aires maill and assigneyes quhatsomevir heritablie, off all and haill the maner place of Archattane (callit of old the monastrie of Archattane), with all and sindrie houss, mansiones, biggings, greenes, office houss, yairdes and orchyairdes of the samene, with all priviledges, liberties and services usit and wont and adebted to the said maner place for reparation and wpholding therof, and of the kirks, teyndes, fishings and all otheres pertinentes belonging therto and uneit and incorporat in ane frie tennendrie callit the tennendrie of Archattane, lyand within the shereffdome of Argile, and with the claus de novodamus mentionat in the said chartour, as the samene of the dait at Halyrudhous, the nynt day of December the yeere of God jM vjC and tuo yeeres at mair lenth is contenit; togidder with the precept and instrument of seasing falloweing therwpoun and all that hes fallowed wpoun the same chartour, precept and seasing conforme therto in all and sindrie heides, clauss and circumstances of the samene. Attoure, the saids estates of this present parliament decernes and ordeanes that the foirsaid chartour and infeftment maid and granted by his maties umqhile darrest father to the said umqhile Alexander Campbell, his aires maill and assigneyes, with the precept and instrument of seasing falloweing therwpoun now ratified and approvine, are and shall be good and valied rightes to Johne Campbell, now of Archattane, sone and air to the said umqhile Alexander, and to the aires maill and successoures of the said Johne for bruiking and joysing of the said maner place and monastrie of Archattane, houss, yairds, orchyairds, kirkes, teyndes, fishings and otheres particularlie and generallie exprest in the said chartour as there propertie and heritadge perpetuallie in all tymecomeing bot stopt or impediment, conforme to the tennour of the samene chartour, precept and seasing foirsaid falloweing therwpoun, and sicklyke that this present ratificatione and generalitie therof shall be als valied and effectuall to the said Johne Campbell of Archattane and his aires for bruiking and useing of the samene as there heritadge in all tyme heireftir as if the foirsaid chartour and infeftment wer at lenth word be word ingrost and insert heirintill, quhairanent and with all that may be alledged theraganes, the saides estates hes dispensit and be thir presentes dispenss for now and evir.
[1644/6/304]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertew of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, be thir presentes ratifies and approves the chartour granted be our soverane lord wnder his maties greate seale of this kingdome, [the] precept and instrument of seasing falloweing therwpoun, to his maties right traist cusigne and counsellor, James, erle of Callender, lord Livingstoune of Almond and to Dame Margaret Hay, countes of Dumfermeling, his spous, the langest liver of them tuo in conjunct fie and to the aires laufullie to be procreat betuixt them, quhilkes failzieing to the said James, erle of Callender, his nerrest and laufull aires quhatsomevir laufully to be procreat of his bodie, quhilkes failzieing, to his nerrest and laufull aires maill and of tailzie or provisione beirand the armes and surname of Livingstoune quhatsomevir, wnder the provisiones, restrictiones and limitationes eftirmentionat, of all and sindrie the landes, barronyes with the castelles, toures, fortalices, mylnes, wods, fishings, advocatione, donatione of benefices and otheres wnderwrittin, tennentes, tennendries, service of frie tennentes and haill pertinentes of the samene, to wit of the lands and barronie of Callender, with the castell therof, comprehending the tounes, landes, barronies, wods, mylnes, fishings, advocatioune, donatione and right of patronages, coalles, coallheuches and otheres quhilkes pertenit to Alexander, erle of Linlithgow, brother germane to the said James, erle of Callender, viz: the landes of the maynes of Callender, Straidis Forrest therof, all and haill the halfe of the toune of Falkirke, the tuo Cairnnoes, the tuo Auchingivens and glen, the landes of Eister and Wester Jawes, the landes of Jawcraig, the landes of Boigtoune, the landes of Halgleins, Sheillhill and Wellhill, the landes of Slamananemuire, the landes of Leavielands, the landes of Croftfiddrell, with castelles, toures, fortalices, mylnes, wodes, fishings, forrestes, tennentes, tennendries, service of frie tennentes, advocatione, donatione and right of patronage of the kirk of Slamanane and of all other kirkes and chaplanries therof, and speciallie these pairtes, pendicles and pertinentes of the saides landes, at the least of the said barronie, to wit the saids lands of Callender Maynes, Straidis Forrest therof, the eist end of Callenderwood, the landes of Hallgleins, the landes of Wellhill, the landes of Eister and Wester Gleins, the landes of Berriewaird, the lands of the west end of Glenrig, the landes of Drumcastellrige, the landes of Sheillhill, the landes of Greenecraige, the landes of Eister Jaw, the landes of Wester Jaw, the landes of Treiprige, the landes of Eister Auchingovane, the landes of Jawcraige, the lands of Wester Auchingovane, the landes of Suyneoige, the landes of Blackefauld, the lands of Beanie, the landes of Lochrige, Greinerige and Shortrig, the landes of Eist End therof, the lands of Quhytrashes, the landes of Holierig, the landes of Knowes, the landes of Rigend, Killbanie, Blackhill [and] Jamsecroft, the coallheuche of Falkirke, the landes of Eister and Wester Cairnemyres, the landes of Boigtoune, the lands of Thomefourhill, the lands of Pannedow, the landes and mylnes callit Canmirmylnes and Ladies Mylne lyand within the said barrony of Callender, with houss, biggings, yairds, orchyairds, mylnes, mylnelands, priviledges and pertinentes therof, with the astricted multores of the said haill barronie of Callander, alswell propertie as tennendrie, and of the haill toune and landes of Falkirke, all and sindrie the fermelands of Falkirke, the fewlands of Falkirke, the houss and tenementes of lands in Falkirke as the samene are or wer possest and occupyed be quhatsomevir persone or persones, all of befor wnit, annexat, creat and incorporat in ane haill and frie barronie, called the barronie of Callender, lyand within the shereffdome of Stirling, and sicklyk off all and haill the landes of Slamannanemuire, with the mylne therof, mansiones, houss, biggings, yairds, orchyairdes, toftes, croftes, tennentes, tennendries, service of frie tennentes of the samene, with the advocatione, donatione and right of patronage of kirkes, benefices and chaiplanries therof and with all and sindrie pairtes, pendicles and pertinentes of the samene sometyme perteaneing to umqhile Sir James Sandielandes of Slamannane, knyght, and als of these landes of the saids landes of Slamannanemuire sometyme perteaneing to the said Alexander, erle of Linlithgow, viz: the landes of Russhiehill, Middlerige, Bullcastell, Castellhill, Hoillhous, Craigend, Paikishoill, Wester Dallquhairne, Ballquhatstaine, Eister and Wester Dykeheids and halfe merke, with advocatione, donatione and right of patronage of the kirke of Slamannane and all and haill the halfe of the toune and landes of Stanehous, with all and sindrie maner places, houss, biggings, yairds, orchyairdes, mylnes, woods, fishings, fewferme dewties and other dewties, tennentes, tennendries, service of frie tennentes, pairtes, pendicles and pertinentes of all and sindrie the lands and others abovewrittin, lyand be annexatioune within the said barrony of Callender and the said shereffdome of Stirveling, and als of all and haill these fewferme landes and otheres wnderwrittin, to wit of the few landes of Airth and Abbotshauche, the fewferme lands of Baircroftes, the fewferme land of Saltcoates, callit Grahame's Saltcoates, the landes of [...] Saltcoates, callit alsweill Saltcoates, the landes of Reddoch, the landes callit the Heuuike, the landes of Falkirke, with cottages, pairtes, pendicles and pertinentes therof, with ane annualrent of fourtie shillinges money of this realme yeerlie to be wplifted forth of the landes of Manuell, with ane other annualrent of sex pundes money foirsaid yeerlie to be wplifted forth of the landes of Querrell, with tennentes, tennendries, service of frie tennentes of all and sindrie the fewferme landes abovewrittin, maner places, houss, biggings, yairdes, orchyairds, mylnes, multoures, wods, fishings, fewfermes, caines, customes, annexis, connexis, pairtes, pendicles and pertinentes of the samene, lyand within the barrony of Kers, callit Abbotskers, and the said shereffdome of Stirling, with full power, libertie and priviledge of ane regalitie, frie chappell and chancellarii and office of heritable bailliarie and justiciarie wpoun the ground of ony pairt or portione of the samene lands as oft as they shall thinke expedient, and lykewayes of all and haill the lands and barronie of Ogilface, viz: the lands of Bighous, Straidis and Straithmylne, Killicuntie, Birkineshew, Weit Aikeres, Over and Netherhillhouss, Craigmegall, Drumbuie, Androisyairds, Killmondheid, Salterhill, Muckra, Blackfald, south and north Lugiebraes, with maner places, houss, biggings, yairdes, orchyairdes, moss, mures, midowes, pairtes, pendicles and pertinentes of all and sindrie the same landes and barronie of Ogilface, with the office of heritable bailliarie and justiciarie therof, with the haill priviledges, fies and casualities perteaneing and belonging therto, lyand within the shereffdome of Linlithgow, provyding that it shall nowayes be leasume to the said James, erle of Callender, his aires maill or femaill nor to ther aires respective and successoures or any of them in tymecomeing, to breake and dissolve the provisione abovementionat anent ther successione foirsaid in the right of the landes, barronies and otheres abovespecefeit in hurt and prejudice of there immediat successour of the samene for the tyme, nor to wodset, nor dispone the samene landes, barronies nor others abovewrittin, nor no pairt therof, nor no annualrentes furth of the samene, nor to doe no deid quherby the samene lands and otheres abovespecefeit, with the pertinentes, or any pairt therof, may be evicted or apprysed fra them; and in caise any of the saides aires or there aires foirsaides shall breake or violate the said tailzie and provisioune or contraveine the provisione and conditioune imediatlie abovewrittin, in that caise the breaker or violeter of the said tailzie or contraveener of the conditione and provisioune abovewrittin ipso facto shall amit and tyne there right and tytle of the said tailzie and provisioune and infeftmentes falloweing wpoun the said chartour and of all and sundrie the landes, barronyes and otheres foirsaids with the pertinentes, and the right and tailzie of the samene infeftmentes in sua fare as the samene are conceived in ther favoures shall be extinct and expyre in the selfe and the right and title of the saids infeftmentes, and of all and sindrie the lands, barronies and otheres foirsaids, with the pertinentes, shall accres, fall and apperteine to the nixt immediat air of tailzie abovewrittin provydit immediatlie to succeid to the breaker of the said tailzie or contraveenar of the provisioune and conditione abovespeiit, provyding allwayes, lykeas it is speciallie provydit and conteint in the chartour and infeftment falloweing therwpoun, that in caise it shall happine the aires of the said James, erle of Callender foirsaides or any of them to have necessarlie to doe with any soumes of money for the honour, credit, weill and standing of the hous of Callender, that then and in that [caise] it shall be leasume to them, or any of them, with advyse and consent of Gilbert, erle of Erroll, lord Hay, great constable of this realme, Hew, lord Montgomerie, Johne, lord Yester, Johne, lord Flemynge and Williame Livingstoun of Westquarter, or ther aires maill being past there laufull and perfyte age of tuentie ane yeeres compleet, or the maist of them, being one lyff and of perfyte age for the tyme, to burdeine the lands, barronies and others abovementionat, with the pertinentes, or ony pairt therof with quhatsomevir soume or soumes of money they shall thinke expedient, provyding allwayes that the samene soumes exceed not in the haill the soume of fourtie thrie thousand and fyve hundreth merkes money of this said realme, and to that effect to dispone the propertie of the landes and otheres foirsaids or such pairtes therof as they shall thinke expedient, provyding allwayes that the saids wodsetts shall be allwayes reddemable be the saides aires of tailzie and provisione be payment or laufull consignatione of the said soume of fourtie thrie thousand and fyve hundreth merkes money foirsaid, and that the granter of the saides wodsetts and disponeres of the saides annualrentes for the said soume and there aires foirsaids shall be holdine to make payment of the samene annualrentes dureing there lyftymes quherby ther aires nor yit the landes, barronies and otheres foirsaides be no farder burdeined in haill or in pairt with the byrunes of the saides annualrentes bot at the farthest with the said soume of fourtie thrie thousand and 500 merkes money abovewrittin. Quhilkes wodsets and dispositiones of the saides annualrentes to be made and givine be the saides aires, be the advyce and for the cause abovewrittin, shall nowayes be reput ony violatione or breke of the said tailzie nor yit shall the persone or persones, disponeres of the saides wodsetts or annualrentes redeamable wpoun the said soume of fourtie thrie thousand, fyve hundrethe merks money for the caus and be the advice abovespecified, amitt and tyne the right of the said tailzie nor of the infeftmentes falloweing therwpoun, nor of the landes and otheres abovewrittin, nor no pairt therof therby; and als provyding that in caise it shall happine the said James, erle of Callender to depairt this lyfe befor the said Dame Margaret Hay, his spous, and that shoe shall bruike and posses hir conjunctfie right of the landes and otheres respective abovewrittin dureing hir lyftyme, that in that caise the said Dame Margaret Hay shall be holdine and obleist dureing hir lyftyme in payment to the said James, erle of Callender, his creditoures of the annualrentes of the haill principall soumes adebted be him to them, not only of these soumes quherof they have reale infeftmentes of lands, bot also of sicke other soumes of money as are adebted be the said James, erle of Callender wpoun personall bandes, otherwayes the said chartour and all that hes fallowed therwpoun in sua fare allenerlie as may be extendit to the said Dame Margaret Hay, hir conjunctfie right of the landes, barronyes and otheres respective foirsaids, shall be null and of none availl, force, strenth nor effect with [all th]at hes fallowed or might fallow therwpoun sicklyke as if the samene had never bene made. Quhilk chartor conteynes ane claus de novodamus off all and sindrie the landes, barronies, offices and otheres respective abovementionat be his matie in favores of the said James, erle of Callender, his said spous and ther foirsaides and of all right, title, entres, cleame of right, propertie and portioun, alsweel petitionor as possesor, which his matie or his hienes predicessoures or successoures had, hes or onywayes may have cleame or pretend therto or to the mailles, fermes, kaines, customes, casualities, proffitts and duetyes of the samene of quhatsomevir yeeres or termes bygone or to come, with ane new erectione of the saides landes and barronies of Callender, Falkirke and Ogillface in frie barronies respective in maner specified in the said chartour, and als erecting all and sindrie the saides lands and barronies of Callender and Ogillface, with all and sindrie castells, toures, fortalices, mylnes, multores, wods, fishings, tennents, tennendries, service of frie tennentes, advocatioune, donatione and right of patronage of kirks and benefices, pairtes, pendicles and pertinentes therof in ane haill and frie regalitie, and giveand and grantand to the said James, erle of Callender, his said spous and ther foirsaides all and sindrie the liberties and privileges quhilkes be the lawes and consuetude of this realme perteines and belongs to ane frie regalitie, with frie chappell and chancellari for directing and serveing of breives, and with power to them courts of justiciarii to hald and to minister justice within the boundes of the said regalitie sua oft as they shall thinke expedient, and to repledge all and sindrie the inhabitantes and tennentes of the samene landes and barronies befor quhatsomevir judge they shall be cited or conveine to the priviledge and jurisdiction of the said regalitie and courtes therof, and to creat and make deputes and baillies of the said regalitie, clerkes, baillies, serjands, dempsteres and others memberes of court needfull, for whom they shall be haldine to ansuer, togidder also with his matie gifte to the said James, erle of Callender, his said spous and there foirsaids of the haill liberties and priviledges of ane frie port and herberie wpoun the lands of Dalldese within the said sherefdome of Stirling, or wpoun any other landes perteaneing to the said James, erle of Callender ather in propertie or tennendrie lyand contigue to the water of Carroun for transporting of coales to the sea fra the coallheuche of Falkirke for the good and ease of his maties leidges and otheres resorting therto, with power to them to build and make sufficient dames and clouss for keeping of the water in the water passages to be cassine be them within the saides boundes and to wplift and receive the haill anchorages, shoirdewties, small customes and other casualities belonging to ane frie port of the haill ships, barkes and boats arryveing therin and laying and entering into quhatsomevir powes floweing be the saides landes in and to the said watter of Carrone and to bigg ane port and herberie within any pairt of the saids bounds or landis, with the priviledge of ane ferrie boat, one or ma, for transporting of passingeres frome the one syd of the water foirsaid of Carroune to the othere syde therof in quhatsomevir place or places within the saides landes most commodious for that effect, and to wplift the haill proffit and commoditie therof and the samene to the said James, erle of Callender, his said spous and there foirsaides owne use to apply, as the said chartour of the dait the first day of September lastbypast at mair lenth proportes, in the haill heides, articles, clauss, conditiones and circumstances of the samene chartour, precept and instrument of seasing falloweing therwpoun conceaved in favoures of the said James, erle of Callender and his foirsaid spous and ther foirsaides, saiffand and reserveand allwayes to our said soverane lord and his maties successoures the rightes, services and otheres dewties dew to his matie and his hienes predicessoures for the landes, barronyes and otheres abovementionat before this present confirmatione. Attoure, the estats foirsaides of this said present parliament wills and grantes and be thir presentes decernes and ordeanes that this present confirmatioune is and shall be of als great force, strenth and effect to the said James, erle of Callender and to his said spous and ther foirsaids as if the samene had bene granted to them befor the taking of the seasing of the landes, barronies, wods, mylnes, fishings and otheres abovementionat contenit in the said chartour, notwithstanding the seasing allreddie takine of the samene, wheranent, and anent all other defects and imperfectiones quhilks anyways may be proponit or alledged aganes the validitie of the said chartor, precept and seasing falloweing therwpoun or this present confirmatione therof, the saides estates of parliament hes dispensit and be thir presentes dispenss for evir. Lykas they will and grant that this present confirmatione shall be als valied and sufficient to the said James, erle of Callender, his said spous and ther foirsaides as if the foirsaid chartour, precept and instrument of seasing falloweing therwpoun war all word be word and ad longum exprest and insert heirintill, quheranent also the saides estates hes dispensit and be thir presentes dispenss. And becaus be the foirsaid chartour ther is no pairt designit which shall be the heid burghe of the said new regalitie of Callender and Ogillface for proclameing of breives, denunciationes and otheres belonging to the said regalitie, and that the halfe of the said toune of Falkirke lyes within the barrony of Callender, which merches with the said barrony of Ogillface, therfore the saides estates of parliament declaires and ordeanes the toun and burghe of Falkirke to be the heid burghe of the said regalitie off the saides regalities of Callender and Ogillface and all breives to be served within the tolbooth therof. Lykeas the saides estates ordeanes ane new chartour and infeftment, if need beis, to be past wnder his maties great seale to the said James, erle of Callender, his said spous and ther foirsaides off all and sindrie the landes, barronies, mylnes, wods, fishings, offices and otheres respective abovementionat and to be ratified to them ather in this or the nixt ensueing parliament or at ony time thereftir whensoevir they shall desyre or demand the samene, quheranent thir presentes shall be ane sufficient warrand.
[1644/6/305]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, have ratified and approvine and be thir presentes ratifies and approves the lettir and gifte of pensioune granted be our said soverane lord, wnder his hienes privie seill, off the dait at his maties court at Oxon, the tuentie nynt day of December the yeere of God jM vjC and fourtie tua yeeres to his hienes trustie and weellbeloved Williame Baillie of Lethame, lieutennent generall of the foot of the Scotts army presently at Yorke in England, designed in the said lettir and gifte Generall Major William Baillie, dureing all the dayes of his lyftyme, off all and haill ane yeerlie pensione of fyve hundreth pund sterling money to be wplifted forth of the first and reddiest of the fruites, rentes and commodities and casualitie of his maties propertie or thesaurii of his hienes kingdome of Scotland or of whatsomevir rentes or otheres quhatsomevir payable to his matie within his said hienes kingdome at tua termes in the yeir, Candlemes and Lambmes be equall portiones, beginand the first termes payment therof at the terme of Candlemes in the yeir of God jM vjC and fourtie thrie yeirs and sua furth to continow yeerlie and termlie dureing the said space in the haill heids, articles, clauss and conditiones therof; and wills, statutes and ordeanes that this present generall ratificatione and approbatione of the samene is and shall be of als great availl, force, strenth and effect to the said Lieutennent Generall Baillie as if the said lettir and gifte of pensione wer at lenth word be word heirin exprest; anent the quhilke and all faultes and imperfectiones therof, if ony be, or that may be proponit or alledged aganes the validitie of the samene or this present generall ratificatioune or approbatione therof, the saides estates hes dispensit and be thir presentes dispenss. And statutes and ordeanes that the commissioners for the treasurie and thesaurer deput and his maties receiveres of his hienes rentes and casualities make good and thankefull payment to the said William Baillie or his assigneyes dureing his lyftyme of the said yeerlie pensioune of fyve hundreth pund sterling money furth of the reddiest of his maties saids rentes, casualities and otheres foirsaids, conforme to the tennour of the said lettir and gift of pensioune in all poyntes.
[1644/6/306]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, hes ratified and approvine and be thir presents ratifies and approves the chartour and infeftment granted be his matie wnder his great seale to his maties right trustie cousen and counsellor, Johne, now erle of Craufurd and Lindesay, lord Struther and Parbroth (designed therin Johne, lord Lindsay of Struther) and to his aires maill of his body, quhilkes failzieing, to his aires of tailzie mentionat in his said infeftment and instrument of resignatione quherwpoun the samene proceeds, of all and haill the landes and barrony of Auchterwtherstruther, comprehending the landes and barronies of Auchterutherstruther, Kirkforthar, Letham, Auchterminsie (alias Cairnie) and landes of Ballmanie, with the castelles, toures, fortalices, mylnes, multores, tennents, tennendries and service of frie tennentes, advocationes, donationes and rights of patronages of kirkes, chaplanries and otheres belonging therto and als of the heritable offices of stewartrie, baillarie and generall justiciarie of the regality of St Androis and of all landes, lordships, barronies, tounes, cities, villages and otheres within the said regalitie, lyand wpoun the northsyde of the water of Forth, with the heritable office of crounarshipe of all justiciares within the said regalitie, with the haill fies and priviledges perteaneing to the saids offices or ony of them, and of the heritable office of great custumarie of the citie of St Androis and ports and heavenes of the regalitie therof mentionat in the said infeftment, with the keeping of the seill of cocket therof and bothe lieves of the samene, with the office of searcharie of all ships, barkes and otheres vesselles arryveing at quhatsomevir portes and heavines of the said regalitie, with the heritable office of admiralitie of the said regalitie of St Androis within the haill boundes therof in the northsyde of the said water of Forth, togidder with the coalles, coallheuches, stanes and lymestanes of the landes of Radairnie, with all ther pertinentes, and otheres particularlie and generallie mentionat in the foirsaid infeftment, conteyneing also ane gift de novodamus, with diverse otheres priviledges and libberties, to be haldine of his matie and his successours for payment of the fewdewties and blenshe dewties respective mentionat in the said infeftment, quhilke beires ane clause wherby his matie hes promeist in verbo principis to ratifie and approve the said infeftment in his maties nixt parliament than ensueing, with consent of the estates, in maner specified in the said infeftment, whilke is of the dait at Halyrudhous, the therteine day of November jM vjC and fourtie ane yeeres, with the precept and instrument of seasing falloweing therwpoun, with the instrument of resignatione wherwpoun the samene proceeds, togidder also with the patent wnder the great seale granted be his matie to the said Johne, now erle of Craufuird (designed therby Johne, erle of Lindsay) and to his aires maill of the still, title, honour and dignitie of erles of Lindsay, with all priviledges perteaneing therto, in maner specified in the said patent, quhilke is of the dait at Theobalds, the eight day of Maii the yeir of God jM vjC therttie thrie yeeres in all and sindrie heids, clauss, articles and circumstances therof quhatsomevir, and wills and grantes and als decernes and ordeanes that the foirsaid ratificatione shall be als effectuall, valied and sufficient to the said Johne, erle of Craufurd and his foirsaids as [if] the foirsaid infeftment, precept and instrument of seasing, instrument of resignatione and patent respective foirsaid and everie ane of them wer word be word exprest heirin, albeit the samene be not sua done; quheranent and with all that may fallow therwpoun the estates of parliament hes despensed and be thir presentes dispenss for evir. And als wills and declaires that the foirsaid chartour, precept and instrument of seasing and patent respective foirsaid shall be good, valied and effectuall titles to the said Johne, now erle of Craufurd and his foirsaides for bruikeing of the haill foirsaids lands, barronies, patronages, heritable rights and offices and otheres mentionat in the foirsaid infeftment, and als of the foirsaid tytle, honor and dignitie of erle of Lindesay conforme to the patent therof and dait of the samene in all tymecomeing. And siclyke the saides estates of parliament, considdering that be contract past betuix Lodowicke, somtyme erle of Crawfurd and the said Johne, now erle of Craufurd and Lindesay (therin designed Johne, erle of Lindsay) one the ane and other pairts, conteaneing ane procuratorie of resignatioun off the dait the first and [...] dayes of December the yeere of God jM vjC and fourtie ane yeeres, the said Lodowicke, somtyme erle of Craufurd obleist him to surrender in his maties hands the title, honour and dignitie of the erldome of Craufurd for ane new patent therof to have bene granted to the said Lodowicke, sometyme erle of Craufurd and to the aires maill of his body, quhilkes failzieing, to the said Johne, erle of Lindsay, now erle of Craufurd and Lindsay, and to the aires maill of his bodie. Lykeas accordinglie the said title, honour and dignitie of the erldome of Crawfurd wes resigned in his maties handes to the effect foirsaid, as the instrument of resignatione takine therwpoun off the dait the fyfteine day of Januar jM vjC and fourtie tua yeeres proportes, quherwpoun his matie granted his hienes patent wnder the great seale to the said Lodowicke, somtyme erle of Crawfurd (designed in the said patent Lodowicke, erle of Craufurd) and to the aires maill of his bodie, quhilkes failzieing, to the said Johne, than erle of Lindsay, now erle of Craufurd and Lindsay, and his aires maill of the said tytle, honour and dignitie of erles of Crawfurd in maner specified in the said patent, quhilke is of the dait at Windsore, the said fyfteine day of Januar 1642 yeeres. And heirwith also the saides estates taking to ther consideratione that be the sentance and doome of foirfaultor past and pronunced in this present parliament wpoun the tuentie sext day of Julii instant, the said Lodowicke, somtyme erle of Craufurd is foirfaulted in his lyfe, lands and goods for the crymes committed be him long posterior to the said contract and patent abovespecefeit falloweing therwpoun and contenit in the decreet of foirfaultor givine agans him theranent, and that be the said foirfaultor the foirsaid tytle, honour and dignitie of erle of Crawfurd now accress and perteines imediatly to the said Johne, than erle of Lindsay, now erle of Crawfurd and Lindsay, conforme to the provisione abovewrittin of the foirsaid contract and patent abovespecefeit falloweing therwpoun, sieing the said Lodowicke, somtyme erle of Craufurd and the aires maill of his bodie are totally and all togidder excludit therfra be the said sentance of foirfaultor, sicklyke as if he wer naturallie deid without aires maill of his own bodie. Therfore, and als in respect that the foirsaid title, honour and dignitie of erle of Craufurd is reserved wnprejudged to the said Johne, now erle of Craufurd and Lindsay and to his aires maill in the foirsaid sentance and decreet of foirfaultour, the saides estates of parliament hes ratified and approvine and be the tennour heirof ratifies and approves the foirsaid right of the title, honour and dignitie of erle of Craufurd, with all priviledges, honours, place and precedencie perteaneing therto and that to and in favoures of the said Johne, now erle of Craufurd and Lindsay and his aires maill, and ratifies and approves the said contract, instrument of resignatione and patent respective foirsaid falloweing wpoun the samene, and that onlie in so far as the samene concernes or may be extendit to the said title, honour and dignitie of erle of Craufurd in favores of the said Johne, now erle of Craufurd and Lindsay and his aires maill; and findes and declaires that the sole and only right of the said title, honour and dignitie of erle of Craufurd does now stand and is established in the persone of the said Johne, now erle of Craufurd and his foirsaids, with the haill priviledges and honoures due therto sicklyke as the samene wes in the persone of the said Lodowicke, somtyme erle of Craufurd and his predicessores at ony tyme before the committing of the crymes quherwpoun the foirsaid foirfaultour proceidit; quhilke sentance of foirfaultour the saids estates declaires shall no wayes be prejudiciall to the said contract, instrument of resignatione and patent abovespecefeit sua far as concernes the foirsaid right and provisioune in favores of the said Johne, than erle of Lindsay, now erle of Craufurd and Lindsay of the said title, honour and dignitie of erle of Craufurd. Lykeas it shall be laufull to the said Johne, erle of Craufurd and his aires maill to use, bruike and enjoy the said title, honour and dignitie of erle of Craufurd with the haill priviledges and honores belonging therto perpetually in all tymecomeing, conforme to his right and patent therof foirsaid and this present ratificatione of the samene.
[1644/6/307]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, ratifies, approves and confirmes the gift granted be his matie wnder the great seale of the dait the thertie day of Julii 1641 yeeres to and in favoures of Robert Young and Evane Taillyor, and the assigneyes of aither of them, being prenteres, off being his maties sole and onlie prenteres in this kingdome of Scotland and of all priviledgs, liberties, proffites, immunities, fies, casualities and other proffites belonging therto, and that for the space of therttie one yeeres nixt eftir the dait of the said gifte, and of the sole [right] and power of prenting of the bybles mentionat in the said gift and of the pouer of confiscatioune of the saides bybles and of other bookes mentionat therin that shallbe imported to this kingdome, and of certane otheres priviledges conteind in the said gift, in all and sindrie heides, articles, clauss and conditiones therof in all poyntes. And the estates declaires that the foirsaid gifte and this present ratificatione therof is and shall be ane sufficient and valied right to the said Robert Young and Ephan Tayleour and ther foirsaids for exerceing solelie the said office of prenting to his matie and for bruikeing, possessing and enjoying the whole benefit of the said gifte and of friedome and immunitie from customes for paper and of all other priviledges and liberties generally and particularlie conteyned in the said gifte, conforme to the tennor therof and this present ratificatioune of the same; and that this ratificatione is and shall be als valied as if the foirsaid gifte wer insert verbatim heirintill, wheranent and anent all defectes and imperfectiones, if any be, in the said gifte, the saids estates dispenss for evir.
[1644/6/308]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertewe of the last act of the last parliament haldine by his matie and thrie estates in anno 1641, wnderstanding that his matie, be his letters of take wnder his hienes privie seale, of the dait the secund day of September jM vjC and fourtie ane yeeres, set in take and assidatioune to his maties servitour, Robert Leslie, brother to Patrike, lord Lundores, his aires and assigneyes all and haill the landes, rentes, superiorities, proffites, dewties, casualities, fortalices, castells, toures, manss, houss, teynds, fishings, laices, reversiones, jurisdictiones, priviledges, immunities and all other dewties and benefit quhatsomevir quhilke belonged to the lait beshop of Orknay or quhilkes heireftir shall be fund to belong to him as beshope of that beshoprike, and that for the space of tuo nynteene yeeres nixt eftir his entrie therto, quhilke begane for the cropt 1641 yeeres, with sindrie priviledges and liberties particularlie and generally therinementionat, for the yeirlie payment to his matie and his successoures of the soume of eight thousand merkes money of this realme in name of take dewtie, beginand the first terms payment therof at the feist and terme of Whitsonday jM vjC and fourtie tuo yeeres, as the saids lettires of take of the dait abovewrittin at mair lenth proportes. Lykas ther wes ane warrand subscryred be his matie, wnder his hienes signet, direct to his maties thesaureres principall, deputie and remanent commissioneres of his hienes excheqher of this realme, off the dait the said secund day of September jM vjC and foirtie ane yeeres, for alloweing to the said Robert Leslie of ane pensioune of tuo hundreth punds sterling payable to him forth of the excheqher of England, and that out of the take dewtie abovewrittin of the said beshoprike to be detenit be him and his foirsaids in ther owne handes dureing the yeeres and space of the said take, quhilkes warrand and take foirsaid are both ratified be his matie, with advyce of the estates of the said parliament haldine at Edinburgh wpoun the sevinteene day of November the said yeer jM vjC and fourtie ane yeeres, be ane speciall act made theranent. And sicklyke the saids estates, wnderstanding that there wes ane chartour made and granted be his matie, with consent of his hienes commissioneres therinspecefeit for his maties thesaurarie, comptrollarie, collectorie and thesaurarie of his hienes new augmentationes of this realme, constitut be his matie with consent of the estates of the said last parliament, and of his hienes deputie in the foirsaids offices therinnamed and of the remanent commissioneres of his maties excheqher, wnder his hienes great seale, of the daite at Halyrudhous, the tent day of November the yeer of God jM vjC and fourtie ane yeires, quhairby his matie, with consent foirsaid, gave, granted, disponed, foundit, mortified and confirmed to the proveist, baillies, counsell and commountie of the burghe of Edinburgh and ther successoures for the use, help and supplie of the mentinance of the ministers of the said burghe all and sindrie the fewmailles, fewfermes, fewdewties, caynes, customes, teyndes and otheres quhatsomevir quhilkes laitlie perteaned to the said beshoprike of Orknay, spiritualitie and temporality therof and contenit in the new fundation of the samene made be his umqhile darrest father of blissed memorie be vertue of ane commissione granted in the parliament haldine at Edinburgh in the moneth of October jM vjC and tuelve yeeres, and quherof the beshops of Orknay wer in possessione eftir the said renewed fundation, togidder with the mailes, dewties, teyndes and teynd dewties of the landes and kirkes foundit and mortified to the deanrie of Edinburgh therin mentionat, as also with the right of patronage of St Cuthbertes Kirke lyand wnder the castell wall of Edinburgh, wpoun the quhilke chartour seasing hes fallowed in favoures of the saids proveist, baillies, counsell and commountie of the said burghe of Edinburgh, as in the said chartour and seasing falloweing therwpoun at mair lenth is contenit. Lykeas the right of the foirsaid take maide be his matie to the said Robert Leslie and his foirsaides and warrand granted be his matie to the saids commissioneres of his hienes excheqher of this realme and of the pensione abovewrittin therinconteanit and of the said act of parliament ratifieand the samene take and warrand is assigned be the said Robert Leslie to and in favoures of the saids proveist, baillies, counsell and commontie of the said burghe of Edinburgh and ther successores, as in the assignatione made theranent of the dait the ellevint day of Maii jM vjC and fourtie tua yeeres at mair lenth is contenit. And lykwayes ther wes ane signator superscryved be his matie and docked be the erle of Lanerke, his maties secretarie, of the dait at Yorke, the tuenty day of day of May jM vjC and fourtie tua yeeres, ordeaneing ane chartor to be made wnder the great seale ratifieing the foirsaides letters of take, his maties warrand directed to the saides commissioneres of excheqher, ratificatione of the same in parliament and assignatione therto abovementionat, with the foirsaid chartour wnder the greate seale, in all poyntes, conteaneing ane new gifte to and in favores of the saides proveist, baillies, counsell and commontie of the said burghe of Edinburgh and ther successores for the use, helpe and supplie of the mentinance of the ministeres of the said burgh off all and sindrie the foirsaides haill lands, teindes, kirkes, patronages, superiorities, offices of shereffshipe, bailliarie, commissariot, commissaries, clerkeshipe and other offices quhatsomevir, with the priviledge and jurisdictione of regalitie, justiciarie and utheres priviledges and jurisdictiones quhatsomevir, fewmailles, fewfermes, otheres mailles, fermes, caines, customes, casualities, fruittes, rentes, proffitts and commodities quhatsomevir quhilkes pertenit to the said lait beshoprike of Orknay, spiritualitie or temporalitie therof, and contenit in the renewed fundatioune of the samene abovementionat, as the said signator of the dait abovewrittin at mair lenth proportes. Lykas be ane chartour granted be his matie, with consent foirsaid, wnder the great seale, of the dait the last day of September the yeere of God jM vjC and fourtie ane yeeres, certane fewmailles, fewfermes, others mailles, fermes, teyndes and otheres therinspecified quhilks pertenit to the lait beshoprike of Edinburgh, and als the advocationes, donationes and right of patronage of the kirkes of Halyrudhous and Leith one the northsyde of the bridge therof are disponed and mortified to the saides proveist, baillies, counsall and commountie of the said burgh of Edinburgh and there foirsaids for the helpe and supplie of the mentinance of King James Colledge situate within the said burgh of Edinburgh, conforme to the quhilke chartour and precept of seasing falloweing therwpoun the saides proveist, baillies, counsell and commontie of the said burgh are duelie and laufullie infeft and seasit therintill, as the said chartour, precept and instrument of seasing falloweing therwpoun at lenth beires. And the estates of this present parliament taking to ther consideration that the rightes and securities foirsaides wer purchest and procuired be the saides proveist, baillies, counsell and commountie of the said burghe of Edinburgh in favoures of themselves and thers abovespecefeit to the pious uses respective abovementionat be payment and advanceing of great soumes of money, and that over and above the great and large expenss and soumes of money laitlie waired and depursit be the saides proveist, baillies, counsell and commontie of the said burghe of Edinburgh and be the burgess and inhabitantes therof in repaireing of the old kirkes of the samene and bigging of new kirkes within the said burghe and citie and in repaireing, building and enlargeing of the foirsaid colleidge, therfore, and to encourage them heireftir to goe one and proceed in these and the lyke good and pious workes tending to the glorie of God, increase of learneing and advancement of the trewe religioune and commodious promulgatione of the Gospell within the said citie, the saides estates of this present parliament be thir presentes ratifie, approve and confirme the rightes and securities abovementionat made to and in favoures of the said proveist, baillies, counsell and commountie of the said burghe of Edinburgh and there successores foirsaides to the pious uses respective abovespecified of the landes, teyndes, kirkes, patronages, superiorities, offices, priviledges, jurisdictiones, rentes, casualities and otheres abovementionat quhilkes pertenit to the said lait beshoprikes of Orknay and Edinburgh respective, and speciallie the foirsaid signatour superscryved be his matie for expeding in favoures of the saides proveist, baillies, counsell and commontie of the said burgh of Edinburgh and there foirsaids of the said infeftment of mortificatione of the landes, teyndes and otheres abovementionate thairinconteint quhilke [be]longed to the said lait beshoprike of Orknay for the use, helpe and supplie of the mentinance of the ministeres of the said burghe, and in lykemaner the foirsaid chartour granted to the saids proveist, baillies, counsell and commountie of the same burgh and thair abovespecified of the foirsaides fewemailles, fewfermes, teyndes and otheres therinmentionat quhilkes perteanit to the said lait beshoprike of Edinburgh for the helpe and supplie of the mentinance of the foirsaid colledge, with the precept of seasing falloweing therwpoun and instrument of seasing falloweing wpoun the samene in all poyntes conteind in the saids signator, chartor and otheres rightes and securities respective abovementionat; and ordeanes this ratificatione therof to be als valied and sufficient as if the samene wer word be word insert heirintill, and farder ordeanes the foirsaid signatour, which is superscryed be his maties handes as said is, to be past in excheqher and the lordes therof to exped the samene, specially in respect that the signator was presented to be exped in excheqher before the granting of ony other signator of the landes and otheres abovespecefeit therinconteanit or ony pairt therof to ony other persone and befor the presenting of any other persones signator of the samene.
[1644/6/309]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, wnderstanding that be ane act made in the lait conventione of the estates of this kingdome wpoun the fyfteine day of August jM vjC and fourtie thrie yeeres anent the loan and taxt therinmentionat all debtores of money wpoun annualrent wer appointed to have retentione at the terme of Candellmes last of sex of ilke hundreth merkes or punds quherin he was lyable of annualrent to his creditoures at the said terme, and sicklyke be the said act it wes declaired that no exemptioune should be granted to any persone quhatsomevir from the said taxt and loan bot onlie of the landes, rentes, annualrentes and otheres dewties mortified to colledges, schooles, hospitalles and for wpholding of kirkes and briggs; and in lykemaner, be ane speciall act made be the committie of estates off the dait the first day of Merch jM vjC and fourtie four yeeres, they declaired all money belonging to Heriotts Hospitiall and lent in name of the thesureres of and to the use of the samene hospitall to be frie of the said retentione, as the saides actes respective proportes; and sieing that the landes, teyndes, fewfermes and otheres quhilkes pertenit to the lait beshoprike of Orknay and sindrie otheres landes, teyndes, rentes and otheres are mortified and disponed to the proveist, baillies, counsell and commountie of the burgh of Edinburgh for the use, helpe and supplie of the mentenance of the ministeres of the same burghe, lykeas certane fewmailles, fewfermes, otheres mailles, fermes, teindes and otheres quhilke perteaned to the lait beshoprike of Edinburgh are disponit and mortified to the saides proveist, baillies, counsell and commountie of the burgh of Edinburgh and ther successoures for the mentinance and supplie of King James Colledge situat within the said burgh of Edinburgh, in respect quherof the saides teyndes, fewfermes and otheres quhilkes pertenit to the saides lait beshoprickes of Orknay and Edinburgh respective [are] now disponit and mortified to the saides proveist, baillies, counsall and commountie of the said burgh of Edinburgh and ther foirsaides to the pious uses abovementionat and all and sindrie otheres landes, teyndes, rentes and otheres quhilkes are mortified to the pious uses foirsaids or for ony other pious uses ought lykewayes to be fred and exemed from all loan, taxt and other impositiones quhatsomevir. Therefore the estates of this present parliament ratifies and approves the foirsaid exemptioun contenit in the said act of the conventioun of estates made anent the foirsaid retentioune of the said taxt and loane and the foirsaid other act of the committie of estates declaireing all money belonging to the said Heriotts Hospitall and lent in the name of the thesaurers of and to the use of the same hospitall to be frie of the foirsaid retentioune of sex [in the] hundreth at the said terme of Candellmes lastbypast in all poyntes, and be thir presentes of new exeimes all landes, soumes of money, teyndes, rentes, annualrentes or otheres dewties mortified and perteaneing to quhatsomevir colledges, schooles and hospitalles and alloted for wpholding of kirkes and briggs perteaning to the saides proveist, baillies, counsell and commountie of the burghe of Edinburgh and mortified or provydit to them for the pious uses foirsaides or for ony other pious use quhatsomevir, and speciallie but prejudice of the generalitie foirsaid the landes, soumes of money, rentes, teindes, annualrents and otheres dewties mortified to the said Heriots Hospitall and the landes, teyndes, fewfermes and otheres quhilkes perteanit to the said lait beshoprikes of Orknay and Edinburgh respective now disponit and mortified to the saides proveist, baillies, counsell and commontie of the said burghe of Edinburgh and there foirsaides to the pious uses abovementionat, and all and sindrie otheres landes, soumes of money, teyndes, rentes or others mortified and perteaneing to the saides proveist, baillies, counsell and commountie of the said burgh of Edinburgh for the pious uses foirsaides or for ony other pious uses quhatsomevir from the taxt and loan foirsaid and retentioune abovewrittin and from all other retentiones, loanes, taxtes and otheres impositiones whatsomevir bygone, present and to come.
[1644/6/310]*[print] [email] [cite] [preceding] [following]
James Gibsone, advocat, in name and behalfe of the relict of umqhile Doctour Barrone, protested that the ratificatioune granted to the toune of Edinburgh of ther gifte and right of the beshoprike of Orknay should be allwayes but prejudice to [...] Gibsone, relict of wmquhile Doctour Barroun, off the right and gifte granted be the king's matie to hir of the said beshoprike of Orknay and rentes therof or ony pairt of the samyne.
[1644/6/311]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, ratifies and approves ane chartour granted be his matie, with consent of the commissioneres and of the rest of the lords of his maties exchekker, wnder his maties great seale, in favours of his maties burghe of Kirkecaldie, baillies, commountie and counsell therof and ther successores, daited the fyft day of Februar jM vjC and fourtie four yeeres, togidder with the precept and instrument of seasing falloweing therwpoun quherby his matie, with advyce and consent foirsaid, hes ratified and approvine the dotatioune and mortificatione made and granted be wmqle King David the second, his maties predicessour of worthie memorie, be his lettires patent wnder the great seale in favours of the abbotts of Dumfermeling for the tyme, with diverse priviledges and immunities at lenth specefeit in the saids lettires patent, daited the tuentie fourt day of October and therttie fourt yeir of the said King David's rigne, wherby the said umqhile King David dotted and mortified his maties burghe of Kirkcaldie to and in favores of the said abbotes of Dumfermeling and ther successoures, and be the quhilke new chartour foirsaid his matie, with consent of the said comissioners of his maties excheqher, hes ratified and approven the indentoures made betuixt umqhile Richard, commendator of Dumfermeling for the tyme, and convent therof, one the ane pairt, and the baillies and commontie of the said burghe of Kirkecaldie one the other pairt, off the dait at Dumfermeling, the tuentie day of Januar 1450, quherby the said commendator and convent of Dumfermling gave, granted and disponed to the saides baillies, commountie and burghe of Kirkcaldie for the tyme and to ther successores, baillies and commountie of the said burghe perpetually and in all tyme thereftir thair burghe of Kirkcaldie foirsaid and port and herberie therof, with the haill burrow mailles of the said burghe and haill small customes of the samene, with courtes plaintes and amerciaments therof, with commoune pasturage in the muir of Kirkecaldie and ther pertinentes quhatsomevir als freelie in all and be all things as the burgess of the burghe of Dumfermeling bruikit and possessit. And lykewayes be the new chartor foirsaid his matie, with consent foirsaid, hes ratified and approvine all otheres rightes and securities quhatsomevir made and granted be the said umqhile King David the second, or be ony otheres his maties predicessores of worthie memorie, in favoures of the said burghe of Kirkecaldie, counsell and commountie therof and of the said burghe, port and harberie therof, burrowemailles, liberties, commodities, poweres, priviledges, anchorages and uthers customes quhatsomevir usit and wont perteaneing to the said burghe and quherof they have bene in possessioune at any tyme bygone, of quhatsomevir daites, tenors or contentes the samene rightes be off, in the haill heides, articles, clauss, conditiones and circumstances of the samene. And his matie hes willed and declaired, and for his hienes and his successours, with consent foirsaid, decerned and ordeaned the foirsaid chartor of confirmatione now ratified heirby to be als valied and effectuall to the saids baillies, counsell and commountie of the said burgh of Kirkecaldie and to ther successores in all tymecomeing as if the foirsaids donationes, indentores and otheres rightes and securities abovewrittin had bene verbatim insert in the foirsaid confirmacioun, quhairanent his matie, with advyse and consent foirsaid, hes be the tennor of the foirsaid chartor dispensed perpetually. Lykas his matie be the foirsaid chartor, with advyse and consent foirsaid, hes of new erected the foirsaid burgh of Kirkecaldie in ane frie burghe royall and hes givine, granted, disponed and confirmed for his matie and his successores perpetuallie to the saides baillies, counsell and commountie of the said burghe of Kirkecaldie now present and to ther successores foirsaides in all tymecomeing all and haill the said burghe of Kirkecaldie, haill ground and landes therof within the haill boundes and limittes of the same usit and wont, with court plant, blood, blooduicke, wracke, wair, pitt and gallous and with all and sindrie burrow mailles and other dewties of the said burghe, with the small customes, tolles, staillings, courtes and amerciamentes therof, with the burrow aikeres, commoune muire and moss and muirlandes with[in] the territorie of Kirkecaldie and otheres rightes and pertinentes therof quhatsomevir belonging therto, with the foirsaid port and heavening place of the said burghe, and sicklyke all and sindrie liberties, commodities, faculties, poweres, priviledges, immunities, easmentes and pertinentes quhatsomevir quhilks in ony tyme may be dignosched to perteane to ane frie burghe royall, port, herberie and heavening place within this kingdome, or quhilke be the lawes and consuetude of the same may be disnoched to apperteane therto. With power to the said burghe to have and hold within the samene ane mercate croce and mercat day weeklie, with four frie faires to be holdine yeerlie in all tymecomeing at the tymes and in maner specified in the said chartor. With power also to the saides baillies, counsell and commountie now present and to there successoures foirsaides in all tymecomeing to elect, nominat, make and constitute ane proveist, baillies, deane of gild, thesaurer and all other memberes within the said burghe at Michaellmes yeerlie for administratione of justice and governeing of the said burghe, and to affix, affirme, hold and continow burrow courtes as is usuall in other frie burghes royall as oft as occasioune shall requyre, clerkes, serjandes, dempsteres, officeres and other memberes of court necessar to make, create and constitute, delinquentes to punishe according to the lawes of this kingdome, absentes to amerciat and the amerciamentes and escheetes of court, with the impositione of frie burgess, small customes of the said burghe and the customes of the saides frie merkcattes and faires and otheres dewties and casualities quhilke shall offer and fall out, to receive, wptake and dispone wpoune and appropriate to the commone use and profite of the said burghe, and if need beis to poynd and distreinzie for the same, and to make lawes and constitutiones within the said burghe and territorie therof for good order within the same, and with power to attatch, amerciat, arreist and punishe all transgressores and delinquentes within the said burghe and liberties therof according to the lawes of this kingdome. And be the quhilke chartor foirsaid, his matie, with advyce and consent foirsaid, gave, granted, disponed and confirmed for his matie and his successoures perpetuallie and in all tymecomeing to the saides baillies, counsell and commontie of the said burghe all and sindrie portes and heavening places of the said burghe and liberties therof ather allreddie bigged or quhilkes heireftir shall happine to be builded within the boundes and territorie of the same, with all priviledges of ane frie port, with all and sindrie liberties, priviledges and immunities belonging to ane frie burghe, port and heavening place. Lykas his matie gave [and] granted to the said burghe all small customes, shoiresilver, anchorages and other dewties of the said port and harborie, with power to wse, possese and exerce the samene, and generally with all other things to doe, use and exerce anent the premiss and alse freelie and in the samene maner in all respectes as any burghe royall, port and herberie within this kingdome have bruiked and possest at any tyme bygone, as the foirsaid chartor of confirmatione conteaneing the said new gifte and erectione of the dait abovewrittin in it selfe at mair lenth proportes. Lykas the saides estates of parliament ratifies and approves ane act of excheqher of the dait the fyfte day of Februar lastbypast quhairby the saides commissioneres and lordes of excheqher, haveing considdered the signator presented wnto them and superscryved by his maties sacred hand, beireing dait at his maties court of Whythalle, the nynteine of Februarii jM vjC and therttie sex yeeres, of the selfe same tennor and contentes as is abovewrittin, quherby his matie confirmed the foirsaides indentores, giftes, donationes and otheres rightes foirsaides in favoures of the said burghe of Kirkecaldie, and of new erected the same in ane frie burghe royall with the haill priviledges and liberties abovementionat, and in respect of the change and alteratione of his maties thesaurer principall and deputie since the dait of the said first signator, the saides commissioneres and lordes of excheqher be ther act of the dait foirsaid ordeaned the said new signator and chartor to be past and exped his maties excheqher and sealles in the name and with consent of the commissioneres of excheqher now in office, and that in place of the foirsaid first signator supersigned be his maties hand in the said yeere of God 1636 and docked be umqhile William, erle of Stirling, than secreetarie to his matie, and quhilke first signator foirsaid by the said act of excheqher is ordeaned to be keeped in retentis in excheqher for the saides commissioneres and lords of excheqher now in office, thair warrand for passing of the said first new signator and chartor of the same tennor, daited the fyfte Februarii 1644. Quhilke chartor of confirmatioune, conteaneing the foirsaid new gifte and new erectioune abovewrittn, with the said precept and instrument of seasing fallowing wpoun the said chartor, togidder also with the foirsaid act of excheqher of the daites and contentes respective foirsaides, the saides estates of parliament ratifies and approves in the haill heides, articles, clauss, conditiones and circumstances of the same in all and be all things in forme and maner as is therin exprest, and farder the saides estates of parliament declaires and ordeanes this present ratificatione and confirmatione of the foirsaid chartor, precept and instrument of seasing falloweing therwpoun and act of exchekker to be als valied and effectuall to the saides proveist, baillies, counsell and commontie of the said burghe of Kirkecaldie and to ther successoures in all tymecomeing as if the said chartor of confirmatioune conteineing the foirsaid new gifte, precept and instrument of seasing and the said act of excheqher wer all heirin verbatim insert and ingrost, quheranent, and with the not inserting of the samene heirintill ad longum, the saides estates of parliament hes dispensed and be thir presentes dispenss for evir.
[1644/6/312]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveent by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, ratifies and approves the right, dispositione and procuratorie of resignatione eftirmentionat made and granted be his maties right traist cusigne and counsellor, Charles, erle of Dumfermeling, lord Fyvie and Wrquhart, heritable baillie of the lordshipe and regalitie of Dumfermeling, and haveing the wndoubted right and title to the offices of heritable bailliarie, admiralitie and justiciarie within the haill boundes, lordship and regalitie of Dumfermeling to and in favoures of the magistrates and counsell of the burghe of Kirkecaldie now present and to ther successores in all tymecomeing, off the dait the [...] day of [...] jM vjC and fourty foure yeeres, quherby the said Charles, erle of Dumfermeling hes sauld and annellied, renunced and disponed in favoures of the saides magistrates of the burghe of Kirkecaldie now present and to ther successours perpetuallie in all tymecomeing all right, tytle and priviledge of justiciarie, bailliarie and admiralitie with the said erle, his right of bailliarie of the said regalitie and bloods within the said burghe and all other jurisdictioune within the samene brughe and boundes therof, territorie [and] sea ports apperteaneing therto sua fare as is competent or may be competent to the said erle, his aires and successoures be vertew of the foirsaides offices of bailliarie, admiralitie and justiciarie or any of them and quhilkes the said erle and his foirsaides may onywayes cleame or pretend therto within the haill boundes of the territorie and libertie of the said burghe, seaportes and harberies of the same, togidder with all cleame of right or jurisdictioune quhilke the said erle or his foirsaides or ther baillie deputts, admirall deputts or justiciarie deputes may have or cleame therto from the dait foirsaid of the said dispositioune or since ther possessioune of the same, togidder with the haill benefite of all bloods, amerciaments of courtes, other proffittes, priviledges, casualities and emolumentes quhatsomevir quhilke may apperteine to the said erle or his foirsaides as heritable baillies, justiciars or admiralls within the boundes, territorie or sea portes of the said burghe of Kirkecaldie of quhatsomevir persone or persones residing within the said burghe, territories and liberties therof, and quherby the said erle of Dumfermeling made and constitute the present baillies, magistrates and counsell of the said burghe and ther successores in all tymecomeing, the said erle and his foirsaids, there wndoubted and irrevocable baillies deputes and justiciarie deputes within the haill boundes, territories, seaport and liberties of the said burghe of Kirkecaldie, as the foirsaid dispositioun, conteaneing ane procuratorie of resignatione, with sundrie other clauss and priviledges therin exprest, in it selfe more fullie proportes. Quhilk dispositioune, renunciatione and deputatione foirsaid therinconteyned the saides estates of parliament ratifies and approves and perpetuallie confirmes, togidder also with all rightes made to the said Charles, erle of Dumfermeling, his authoures and predicessoures off and conserneing the foirsaides offices of heritable bailliarie, admiralitie and justiciarie of the said lordship and regalitie of Dumfermeling in sua farr as may be extendit to the bailliarie, justiciarie or admiralitie foirsaid within the bounds, territorie, sea portes and liberties of the said burghe of Kirkecaldie disponed and renunced be the said erle in favores of the said burghe in maner abovementionat, and in sua fare as the samene rightes made in favoures of the said erle and his foirsaides may fortifie and strenthen the right and dispositioune abovwrittin granted be him in favoures of the said burghe of Kirkecaldie in maner therinmentionat, quhilke ratificatioune and confirmatioune foirsaid the saides estates declaires to be alse valied and effectuall as if the foirsaid dispositione made be the said erle of Dumfermeling in favores of the said burgh of Kirkecaldie, togidder with the other rightes made and granted to the said erle and his foirsaids off the samene offices and jurisdictiones, warre all particularlie mentionat heirintill and verbatim ingrost in this present ratificatioune, quheranent the saids estates of parliament have dispensed and dispenss for evir.
[1644/6/313]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveind by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, have ratifiet and approvine and be the tennor heirof ratifies and approves the lettir of gifte and pensioune granted be our soverane lord, daited the tuentie third day of September 1641 yeeres, wherby his matie disponed to Johne, erle of Rothes, his aires and assigneyes ane yeerlie pensioune off the soume of ten thousand punds money of this realme, to be wptakine at Whitsonday and Mertimes be equall portiones furth of the first of his maties rentes, customes, casualities and dewties of his hienes thesaurarie, and that yeerlie dureing all the dayes of the said Johne, erle of Rothes, his naturall lyfe. And for the said erle of Rothes, his maire sure payment therof, his matie assigned and disponed to the said Johne, erle of Rothes alse meikle of the first and reddiest of his maties customes and impost of wynes as would extend to and pay the said erle the foirsaid pensioune, quhilke gifte and localitie abovewrittin therinconteyned wes ratified in the said last parliament be his matie and estates of parliament wpoun the sevinteine day of November 1641 yeeres in the haill heides, articles and clauss contenit in the said gifte, eftir the forme and tennor therof in all poyntes; and wills and ordeanes that clause of localitie mentionat in the said gifte and lettir of pensioun (quherby the taxsmen of his maties impost of wynes are appoynted to ansuer, obey and make thankefull payment to the said Johne, erle of Rothes dureing his lyftyme off his said yeerlie pensioune of ten thousand pundes money foirsaid) to stand in the full force, strenth and effect as the said gifte and former ratificatione therof abovewrittin off the daites respective abovementionat at lenth proportes. Lykeas the estates recalles and reshindes ony declarationes or actes of exchekker made for recalling or deleting of the said clause of localitie or ordinance made be them appoynting his maties thesaureres present and to come to make payment of the said pensione, and ordeanes the taxsemen present and to come of his maties great impost of wynes to make thankefull payment to the said Johne, erle of Rothes and his foirsaides off the said great impost of wynes sua farr as may be extendit for payment of the said pensioun arreires therof bygone restand awand since the dait of the said gifte and in tymecomeing dureing his lyftyme out of the reddiest of his maties customes and impost of wynes, declairing that the said Johne, erle of Rothes, his dischairge of the samene, with consent of his tutores and curatores, shall be ane sufficient exonoratione and dischairge to the saides customeres and all otheres haveand entres, and shall be allowed to them in the first of ther take dewtie and accompts therof to be made be them in his maties excheqher. And statutes and ordeanes that this present ratificatione shall be als valied and effectuall to the said Johne, erle of Rothes as if the said gifte had bene granted in this present parliament, with the assignatioune and locality foirsaid, and annulles the declaratioune abovementionat made be the commissioneres [of] the treasurie anent the explanatioune of the localitie for payment of the said pensione, quhilke declaratione the estates retreates and repealles in maner foirsaid, and ordeanes the assignatioune and localitie anent the payment of the said pensione arreires therof restand sen the dait of the said gifte and in tymecomeing to the said Johne, erle of Rothes and his foirsaides out of the great impost of wynes in maner foirsaid to have full force and effect in all tyme heireftir dureing the said erle of Rothes, his lyftyme as said is, and that letters of horneing be directed heirwpoun for chairging of the taxmen of the great impost of wyne to make payment to the said erle and his tutoures and curatoures in maner foirsaid.
[1644/6/314]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presently conveend by vertue of the last act of the last parliament haldine be his matie and thrie estattes in anno 1641, ratifies and approves the tuo lettires and giftes, baith of the dait the sexteine day of November 1641 yeeres, viz: ane quherby his matie hes givine and granted to Collonell Alexander Hammiltoun the place and office to be generall of his maties artilliarie and maister of ordinance and amunitione, togidder with all priviledges, honours, fies and dignities belonging therto, as the said gift of the dait foirsaid at lenth beires; and sicklyke ratifies and confirmes the other gift of ane lettir of pensioune of aucht hundreth pund sterling yeerlie to be wplifted out of the wyne imposts be the said Collonell Alexander Hammiltoune, generall of the artilliarie, his aires and assigneyes, and wills and ordeanes that claus of localitie mentionat in the said gifte (quherby the taxsmen of his maties impost of wynes are appoynted to answer, obey and make thankefull payment to the said Collonell Alexander dureing his lyftyme of his said yeerlie pensione of eight hundreth pund sterling) to stand in the full force and effect, as the gifte of the dait foirsaid at lenth beires. Lykeas the saides estates recalles and reschinds ony declarations or actes of excheqher made for recalling or deleting of the said clause of locality or ordinance made be them, appointing his maties thesaurers present and to come off his maties great impost of wyne to make thankefull payment to the said Collonell Alexander and his foirsaides of the said great impost of wynes sa farr as may be extendit for payment of the said pensioune and arreires therof, if ony be, and in tymecomeing dureing his lyftyme out of the reddiest of his maties custome and impost, declaireing that the said Collonell Alexander, generall of artilliarie, his dischairge of the samene, shall be ane sufficient exonoratioune and dischairge to the saides customeres and all otheres haveand entres and shall be allowed to them in the first end of there take dewtie and accompts therof to be made be them in his maties excheqher; and statutes and ordeanes that this present ratificatione shallbe als valied and effectuall to the said Collonell Alexander Hammiltoune as if the saids giftes had bene granted in this present parliament, with the assignatione and localitie foirsaid, and annulles the declaratione abovementionat mad be the commissiounares for the treasurie anent the explanatioune of the localitie for payment of the said pensioune; quhilke declaratione the estates retreates and repeales in maner foirsaid, and ordeanes the assignatioun and localitie anent the payment of the said pensioune arreires therof, if ony be, resting and in tymecomeing to the said Collonell Alexander Hammiltoune, generall of the artilliarie, and his foirsaids out of the great impost of wyne in manner foirsaid to have full force and effect in all tyme heireftir dureing the said Collonell Alexander, his lyftyme as said is, and that letters of horneing be directed heirwpoun for chairgeing of the taxmene of the great impost of wyne to make payment to the said Collonell Alexander in maner foirsaid.
[1644/6/315]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presenlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, considdering the long and thankfull service done to his matie be his hienes lovit George Strang, laufull sone to umqhile Johne Strang in Killrinnie, and be the said umqhile Johne Strang in his owne tyme, to have bene proffitable to his matie and leidges of this realme, hes ratified and approvine and be the authoritie of this present parliament ratifies and approves the infeftment granted be umqhile George, sometyme beshope of Santandrois to the said umqhile Johne Strang, his aires and assigneyes off all and haill the quarter toune and lands of Killrynnie, callit the Skeiths quarter therof, for the yeirlie payment of the fewdewties mentionat in the samene infeftment, quhilke is of the dait the fourt of Maii 1606 yeeres, togidder with ane former ratificatione of the said infeftment granted be our soverane lord and estates of parliament wpoun the elleventh of August 1607 yeeres. And sicklyke the estates of parliament ratifies and approves the infeftment granted be umqhile Johne, pretendit archbeshope of St Androis to the said George Strang and Eleizabeth Boiswell, his spous, and [langest] liver of them tua in conjunctfie and to the aires maill laufully gottine or to be gottine betuix them, quhilkes failzieing, to the said George Strang, his aires and assigneyes quhatsomevir off all and haill the said quarter toune and landes of Killrynnie callit Skeyth quarter therof for the yeerlie payment of fyve chalderes victuell, viz: third pairt beir, third pairt wheit and third pairt oatts, or the soume of eight shillings, four pennyes Scotts money for ilke boll of the said victuell betuixt Yule and Candlemes yeerlee at the optioune of the said George Strange and his spous, the langest liver of them tua and ther foirsaids; as also payand yeerlie sevine pundes money foirsaid at Whitsonday and Mertimes be equall portiones, with tuelff capounes and tuelff poultrie, with tuelfe pennies Scotts money for ilke capoun and fyve shillings, four pennies money foirsaid for the said doassen of poultrie; and als giveand sute and presence to thrie heid courtes to be holdine in St Androis, quhilke infeftment is daited the nynteene of Januarii 1620 yeeres, in all and sindrie clauss, poyntes and conditiones mentionat in the samen tua infeftmentes and formar ratificatioun respective foirsaids, and findes and declaires that the samene are and shall be in all tymecomeing sufficient, laufull and effectuall infeftmentes to the said George Strang, his said spous and there foirsaids for bruikeing of the saides landes, and that the conversione of the victuell foirsaid and otheres dewties in money in maner mentionat therintill is no deminutioun of the rentall of the saids lands, bot that it wes leesum to the said pretendit archbeshope to have converted the saides victuell and otheres dewties of the saids landes in money and silver dewties abovespeiit and contenit in the samene infeftmentes, notwithstanding of quhatsomevir act or statute made or to be made in the contraire, and speciallie of the actes of parliament made wpoun the tent of December 1585 yeeres ordeaneing all beneficed persones to live there benefices as they fand them, and of the act of parliament made in anno 1597 yeeres annulling all infeftmentes of fewfermes, with the quhilkes actes, and all otheres lawes which may be prejudiciall to the saides infeftmentes or ony uthers, the saides estates dispenss and dischairges the samene be thir presentes in sua farr as concernes the saides infeftmentes in all tymecomeing.
[1644/6/316]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, ratifies and approves the chartour and infeftment granted be his matie wnder the great seale to his matie trustie counsellour, Sir James Carmichaell of that ilke, knyght barronet, his maties thesaurer deput, in lyferent, and to Sir Williame Carmichaell, fear of that ilke, knyght, his eldest laufull sone, and to his aires maill and assigneys quhatsomevir in fie heritablie, off all and haill the landes and barrony of Eister Carmichaell, with the pertinentes, comprehending the tuenty merke land of old extent of Pettienane, with the pertinentes quhilke perteaned of old to Lady Eleizabeth, [...], ladie Cairleill and als all and haill the landes of Pettienane callit the Maynes of Westerraw, with the pertinentes, quhilke pertenit of old to Alexander, master of Elphinston, with the ferrie boate one the water of Clyde callit the ferrie boat of Westerraw, perteaneing to the saides landes of Westerraw, with the priviledges, liberties and casualities belongeing therto, and sicklyke of all and haill the fyftie shilling land of Corsfurd, with the pertinentes, and certane other landes, maner places, houss, biggings, mylnes, multores, wodes, fishings, pairtes, pendicles, tennentes, tennendries, service of frie tennentes and otheres particularlie and generallie mentionat in the said chartour and infeftment, with the right of patronage of the parishe kirke of Pettienane and personage and viccarage therof and sindrie other priviledges and liberties; conteaneing also ane gifte de novodamus, with ane unioun of all the saides landes, teyndes, patronage and otheres foirsaides in ane haill and frie baronie, callit and to be callit in all tymecomeing the barronie of Eister Carmichaell, to be holdine of his matie and his successores in fie heritadge and frie baronie for payment of the taxt waird dewtie and mariage respective mentionat in the said chartour and infeftment, and als payand for the foirsaid right of patronage of the said kirke of Pettienane, personage and viccarage therof, ane pennie at the said kirke yeerlie at the feist of Whitsonday in name of blensch ferme, if it be askit allenerlie, in maner specified in the said chartour, quhilke is of the dait at Yorke, the eight day of Maii the yeere of God jM vjC and fourtie tua, with the precept and instrument of seasing falloweing therwpoun, in all and sindrie heides, clauss, articles and circumstances therof quhatsomevir; and wills and grantes and als decernes and ordeanes that the foirsaid ratificatione shall be als effectuall, valied and sufficient to the said Sir James Carmichaell of that ilke and Sir William Carmichall of that ilke, his sone, and his foirsaides as if the said chartour, precept and instrument of seasing wer word be word exprest and set doune heirin, albeit the samene be not sua done, quheranent and with all that may fallow therwpoun, the estates of parliament hes dispensit and bettir presentes dispenss for evir. And sicklyke the estates of parliament hes dissolved and be thir presentes dissolves the foirsaides landes, teyndes, patronage and otheres abovespecified, with the pertinentes, from his maties croune and patrimonie therof and from all actes of annexatioune annexing the samene or ony pairt therof therto, and gives, grantes and dispones the samene to the said Sir James Carmichaell of that ilke, knyght, in lyferent, and to the said Sir Williame Carmichaell, feare of that ilke, his sone, and his foirsaides in fie heritablie and irredeemablie to be holdine of his matie and his successoures in maner respective abovespecefeit and mentionat in the said chartour and infeftment, and if need beis ordeanes ane new infeftment to be past in ther favoures heirwpoun wnder his maties great seale to be holdine of his matie and his successores in maner respective foirsaid, conforme to the tennor of the said chartour; and wills, ordeanes and declaires that the saides chartores and infeftmentes shall be good, valied, effectuall and sufficient rightes and titles to the said Sir James Carmichaell of that ilke and Sir Williame Carmichaell, his sone, and his foirsaids for enjoying, brooking and possessing of the saides landes, barronie, teyndes, patronage and otheres foirsaides heritablie and irredeemablie in all tymecomeing, notwithstanding of whatsomevir impediment, act, statute or objectioune made or to be made in the contrair.
[1644/6/317]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie convenit by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, ratifies and approves the chartour and infeftment granted be his matie wnder the great seale to his maties servant, Johne Hammiltoun, now of Beill (then designed Johne Hammiltoun of Broomehill) and Margaret Hammiltoun, his spous, the langest liver of them tua in conjunctfie and to there aires maille and assigneyes therin specified heritablie, of all and haill the lands and barrony of Skirling, with the maner place, houss, biggings, yairdes, orchyairds, mylnes, mylnelandes, multoures, fishings, pairtes, pendicles, annexis, connexis, dependences, tennentes, tennendries, service of frie tennentes therof and all there pertinentes, with the burghe of barronie of Skirling and priviledges, liberties, casualities and dewties of the samene, with the advocatioune, donatione and right of patronage of the paroche kirke of Skirling and chaiplanrie within the samene, lyand within the shereffdome of Peebles, and of the tuentie pund land of Robertoun and Newholme, with the pertinentes, lyand naturallie within the shereffdome of Lanerke and be annexatioun within the shereffdome of Peebles, of old annexit to the said baronie, with sindrie other priviledges and liberties, beireing also ane gift denovodamus, with ane wnioun of all the saides landes, right of patronage and otheres foirsaides in ane haill and frie baronie, callit and to be callit in all tymecomeing the baronie of Skirling, to be haldine of his matie and his successoures in frie baronie and heritadge for evir be service of taxt waird and mariage for payment of the taxt waird dewtie, releife and mariage mentionat in the said chartour, quhilke is of the dait at Quhythall, the tuenty sex day of Merche the yeere of God jM vjC and therttie nyne yeeres, with the precept and instrument of seasing falloweing therwpoun; togidder with ane other chartour and infeftment granted be his matie wnder the great seale to his maties servant, James Livingstoune, ane of his maties bedchalmer, and to his aires and assigneyes quhatsomevir heritablie and irredeameablie wpoun the resignatioune of the said Sir John Hammiltoun and Margaret Hammiltoune, his spous, and of Sir James Hammiltoun of Broomhill, knyght, his father, off all and haill the saids landes and barronie of Skirling and burghe of baronie of Skirling, with ane yeerlie mercat to be holdine therin wpoun the fourt day of September yeerlie, and ane weeklie mercat wpoun Frayday, with all customes, proffittes, priviledges and commodities therof, and als of all and haill the foirsaid tuentie pund land of Robertoun and Newholme, with the pertinentes, of old unit to the said barronie, with the foirsaid advocatioun, donatioune and right of patronage of the paroch kirke and parochine of Skirling, with the toures, fortalices, maner places, houss, bigginges, yairdes, orchyairdes, dowcates, mylnes, mylnelandes, multores, outsettes, toftes, croftes, moss, mures, midowes, commounties, pastures, wodes, annexes, connexis, dependences, tennentes, tennendries, service of frie tennentes therof, pendicles and pertinentes of all the lands and barrony lyand [as] said is, and sicklyke of all and sindrie the temple lands wnderwrittin, viz: the landes of Bourhill and landes of St Johnehill, with the crofte of land callit St Johnes Croft and ane aiker of land callit Gracystaine Aiker, with pairtes, pendicles and all ther pertinentes, lyand within the said baronie of Skirling and shereffdome of Peebles, conteaneing also ane gift de novodamus, with ane unioun of all the saides landes and otheres foirsaids in ane haill and frie barronie, callit and to be callit the baronie of Skirling in all tymecomeing, to be holdine of his matie and his successores be service of taxt waird and mariadge, and allso the saides temple landes to be haldine in fewferme and heritadge for payment of the soume of sex shillinges, eight pennies moneyes of Scotland at tuo termes in the yeer, Whitsonday and Mertimes in winter be equal portiones in name of fewferme, with services usit and wont and contenit in the old infeftmentes of the saids templelandes and the rest of the forsaides landes and baronie of Skirling, burghe of barronie, weeklie mercates, yeerlie frie faires and priviledges therof and tuentie pund land of Robertoun and Newholme and patronage of the said kirke of Skirling, with the toures, fortalices, maner places, houss, biggings, yairdes, orchyairdes, mylnes, mylnelandes, woodes, fishings, tennentes, tennendries and service of frie tennentes and uthers abovespecefeit, with the pertinentes, quhilkes are haldine be service of taxt waird and mariage, to be holdine of his matie and his successores for payment of the soume of thriescoire pundes money yeerlie at tuo termes in the yeer, Whitsonday and Mertimes be equall portiounes dureing the tyme of the waird of the saids landes and baronie, and other thriescoir pundes for the releiff therof when it shall happine, and of the soume of ane thousand merkes for the mariage of the air als oft as it shall happine, and of the soume of thriescoire pundes for the nonentrie yeerlie ay and quhill the entrie of the laufull air to the saids landes and baronie, in maner specified in the said chartour and infeftment, quhilke is of the dait at Halyrudhous, the sevint day of October jM vjC and fourtie ane yeeres, with the precept and instrument of seasing falloweing therwpoun, in all and sindrie heidis, articles, clauss and circumstances therof quhatsomevir; and willes and grantes and als decernes and ordeanes that the foirsaid ratificatioune shall be als effectuall, valied and sufficient to the said James Livingstoune and his foirsaides as if the foirsaides chartoures and infeftmentes respective wer word be word exprest heirin, albeit the samene be not sua done, quheranent and with all that may fallowe therwpoun, the estates of parliament hes dispensit and be thir presentes dispenss for evir. And sicklyke hes dissolved and be thir presentes dissolves the foirsaides landes, barronie, ryght of patronage, templelandes and otheres abovespecefeit, with the pertinentes, from his majesties croun and patrimonie therof and from all actes of annexatioune annexing the same or any pairt therof therto, and gives, grantes and dispones to the said James Livingstoune and his foirsaids heritablie and irredeameablie all and haill the foirsaids landes and baronie of Skirling, right of patronage, burghe of barronie, temple landes and otheres respective abovementionat and contenit in the foirsaides rightes and infeftmentes of the samene, to be halding of his matie and his successores in maner respective abovespecefeit, and, if neid beis, ordeanes ane new infeftment to be past in favores of the said James Livingstoune and his foirsaides wnder his majesties great seale therwpoun, and willes, ordeanes and declaires that the foirsaides chartores and infeftmentes shall be good, valied and sufficient rightes and titles to the said James Livingstoun and his foirsaides for enjoying, bruikeing and possessing of the saids landes, barrony, right of patronage, templelandes and otheres foirsaides heritablie and irredeameablie in all tymecomeing, notwithstanding of whatsomevir impediment, act, statute or objectione made in the contrair.
[1644/6/318]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, considdering that the use and forme of divine service of the collegiat kirkes, provestries and prebendaries therof is nowayes now necessar eftir the reformatioun of religioun, the institutioune and exerceis therof being superstitious, willworshipe and human inventione, which and the lyke are become in desuetud and ought to be abolished, and wnderstanding that there are lettires of procuratorie of dimissioune and resignatione made and granted be the proveist and prebendares of the colledge kirke of Dunglas and be ane noble erle James, erle of Home, patrone therof, for dimitting and surrendering off all and haill the colledge kirke of Dunglas, provestrie and prebendaries therof, togidder with all and sindrie landes, teyndes, patronages of kirkes, tenementes, houss, biggings, yairdes, orchyairdes, mylnes, wodes, fishings of salmound and otheres fishes, coales, coallheuches, tennentes, tennendries, service of frie tennentes, annualrents, fruites, duties, emolumentes, proffitts, commodities and casualities whatsomevir perteaneing and belonging to the said college kirke, provestrie and prebendaries therof, or ony of them quherever the samene be or ly within this realme, in the handes of his matie or his hienes successours, or of his or there commissioneres haveing his or there power and commissioun to receave dimissiounes or resignationes in his or ther names, to the effect that the name of the said colledge kirke of Dunglas, provestrie and prebendaries therof and memorie of the samene, may be simply supprest and extinguished, and to the effect that his matie or his successores may give, grant and dispone to Sir Johne Ruthven of Dunglas, knyght, in lyferent, and to Williame Ruthven, his eldest laufull sone, in [fee] heritablie and to his aires and successoures to him to the barronie of Dunglas wnder the provisiounes and conditiones mentionat in the infeftment of Dunglas conceaved in favours of the said Sir Johne, all and haill the place and edifice of the said colledge kirke of Dunglas, with all and sindrie lands, tenementes, houss, biggings, yairdes, orchyairdes, teindes, tennentes, tennedries, service of frie tennentes, annualrentes, fruites, rentes, emolumentes, profitts and dewties perteaneing and belonging or quhilkes perteanit and belonged to the said colledge kirke of Dunglas or to the provestrie and prebendaries therof or ony of them lyand naturallie and locallie within the boundes off the landes of the barronie of Dunglas (lyand of old within the shereffdome of Berwicke and now within the constabularie of Haddingtoune and shereffdome of Edinburgh) and of the landes of Thornetoune, hielandes and lawlandes therof, comprehending the landes of Overthorntoun, Nether Thornetoun, Eister Aickingall, Wester Aickingall and pendicle therof callit the Dod, with the pertinentes, lyand within the said constabularie of Haddingtoun and shereffdome of Renfrew be annexatioun, ar amongest the saides landes or contigue [and] adjacent therto, and to the effect that his matie or his successoures may give, grant and dispone to the said erle of Home, his aires maill and assigneyes whatsomevir heritablie all and haill the landes of Thripelandhill and Branksholme, with the pertinentes, lyand within the said constabulary off Haddingtoun, with the haill remanent landes, teyndes, patronages of kirkes, tenementes, houss, biggings, yairdes, orchyairds, mylnes, woodes, fishings of salmound and otheres fishes, coilles, coillheuches, tennentes, tennendries and service of frie tennentes, annualrentes, fruites, rentes, emolumentes, proffites, commodities and casualities quhatsomevir perteaneing and belonging to the said colledge kirke, provestrie and prebendaries therof, or any of them quhairevir the samene be or ly within this realme (except the foirsaid place and edifice of the said colledge kirke and the landes, teyndes and otheres appointed to be disponit to the said Sir Johne Ruthven, his said sone and his foirsaides in maner abovementionat, as the saides lettires of procuratorie of dimissioune and resignatioune abovespecefeit at mair lenth proportes), thairfore the estates of this present parliament ratifies and approves the foirsaid procuratorie of dimissioune and resignatione above specefeit, togidder with the instrumentes of dimissioun and resignatione falloweing and to fallow therwpoun and the infeftmentes and seasings to fallow wpoun the samene, in all pointes, articles and clauss conteanit and to be conteaned therintill, and be thir presentes suppress and extinguishes the name of the said colledge kirke of Dunglas, proveistrie and prebendaries therof and memorie of the samene, to the effect abovementionat, and ordeanes ane chartour and infeftment to be mad and granted wnder the great seall wherby his matie, with consent of the commissiouneres for the thesaurie, comptrollarie, collectorie and treasurie of the new augmentationes, and of his hienes deput in the foirsaides offices and remanent lords of excheqher, his maties commissionares, shall give, grant and dispone to the said Sir John Ruthven in lyferent and to his said sone and his foirsaides in fie heritablie, wnder the provitiounes and conditiones abovementionat, all and haill the said place and edefice of the said colledge kirke of Dunglas, with all and sundrie landes, houss, tenementes, biggings, yairdes, orchyairdes, teindes, tennentes, tennendries and service of frie tennentes, annualrentes, fruites, rentes, emolumentes, proffites and dueties perteaneing and belonging or quhilkes pertenit or belonged to the said colledge kirke of Dunglas or to the provestrie and prebendaries therof or any of them lyand naturallie and locallie within the boundes of the saides landes and baronie of Dunglas lyand as said is, and of the saides landes of Thornetoune, hielandes and lawlandes therof, comprehending as is abovementionat ar amongest the samene or contigue [and] adjacent therto, except the foirsaides landes of Thrieplandhill and Bransholme, with the pertinentes, perteaneing to the said erle of Home, as being become in the handes of his matie or his successores be the foirsaid dimissione and surrender and suppressioune and extinguishing abovespecefeit therincontenit, conteaneing ane dispensatione that ane seasing to be takine at the said place and edifice of the foirsaid kirke of Dunglas shall stand and be sufficient seasing for the haill landes, tenementes and otheres abovespecefeit heirby appoynted to be disponit to the said Sir Johne Ruthven, his said sone and his foirsaides in maner abovementionat, to be haldine of his matie and his successours in frie blenshe for yeerlie payment of ane pennie Scottes at the feist of Whitsonday in name of blenshe ferme, if it beis asked allenerlie, als freelie as the said erle of Home held the patronage of the said colledge kirke of his matie of before.
[1644/6/319]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, considdering that the use and forme of divine service of the collegiat kirkes, provestries and prebendaries therof is nowayes now necessar eftir the reformatione of religione, the institutione and exerceis therof being ane superstitious, willworshipe and humane inventioune, which and the lyke ar become in desuetude and ought to be abolished, and wnderstanding that there are letters of procuratorie of dimissioune and resignatione made and granted be the proveist and prebendaries of the college kirke of Dunglas and ane noble erle James, erle of Home, as patrone therof, for dimitting and surrandering of all and haill the colledge kirke of Dunglas, provestrie and prebendaries therof and right of patronage of the samen, togidder with all and sindrie landes, teyndes, patronages of kirkes, tenementes, houss, biggings, yairds, orchyairdes, mylnes, wods, fishings of salmound and otheres fishes, coilles, coillheuches, tennentes, tennendries, service of frie tennentes, annualrentes, fruites, rentes, emolumentes, proffittes, commodities and casualities quhatsomevir perteaneing and belonging to the said colledge kirke, proveistrie and prebendaries therof, or any of them quherevir the samene ly or be within this kingdome, in the handes of his matie or his hienes successores or of his or thair commissioneres haveing his or thair power and commissioune to receave resignationes and dimissiones in his or thair names, to the effect that the name of the said colledge kirke of Dunglas, proveistrie and prebendaries therof and memorie of the samene may be simply supprest and extinguishit, and to the effect that his matie or his successoures may give, grant and dispone to Sir Johne Ruthven of Dunglas, knyght, in lyferent, and to Williame Ruthven, his eldest laufull sone, in fie, and to his aires and successores to him in the barronie of Dunglas (wnder the provisiones and conditiones mentionat in the infeftment of Dunglas conceaved in favoures of the said Sir Johne) all and haill the place and edifice of the said colledge kirke of Dunglas, with all and sindrie landes, tenements, houss, biggings, yairdes, orchyairdes, teyndes, tennentes, tennendries, service of frie tennents, annualrentes, fruites, rentes, emolumentes, proffittes and dewties perteaneing and belonging or quhilkes pertenit and belonged to the said colledge kirke of Dunglas or to the proveistrie and prebendaries therof or any of them lyand naturally and socially within the boundes of the landes and barronie of Dunglas (lyand of old within the shereffdome of Berwick and now within the constabularie of Haddingtoun and shireffdome of Edinburgh) and within the boundes of the landes of Thornetoune, hielandes and lawlandes therof, comprehending the landes of Overthornetoun, Nether Thornetoun, Eister Aikingall, Wester Aikingall and pendicle therof callit the Dod, with the pertinentes, lyand within the said constabularie of Haddingtoun and sherefdome of Renfrew be annexatioun or among the foirsaides landes or contigue [and] adjacent therto, and to the effect that his matie or his successoures may give, grant and dispone to the said erle of Home, his aires maill and assigneyes quhatsomevir heritablie all and haill the landes of Thriplandhill and Bruksholme, with the pertinentes, lyand within the said constabularie of Haddingtoune, with the haill remanent landes, teindes, patronages of kirkes, tenementes, houss, biggings, yairdes, orchyairdes, mylnes, wods, fishings of salmound and otheres fishes, coilles, coaleheuches, tennentes, tennendries, service of frie tennentes, annualrentes, fruites, rentes, emolument, proffitts, commodities and casualities quhatsomevir perteaneing and belonging to the said colledge kirke, provestrie or prebendaries therof or onie of them quherever the samene be or ly within this realme (except the foirsaid place and edefice of the said colledge kirke and the landes, teyndes and otheres foirsaides disponit to the said Sir Johne Ruthven and his said sone and his foirsaides in maner abovementionat[)], as the saides letters of procuratorie of dimissioune and resignatioune abovespecified at mair lenth proportes. Therfore the estates of this present parliament ratifies and approves the foirsaid procuratorie of dimissioune and resignatioune, togidder with the instrumentes of dimissioune and resignatione falloweing and to fallow therwpoun and the infeftmentes and seasings to fallow wpoun the samene, in all pointes, articles and clauss contenit or to be contenit therintill, and be thir presentes suppress and extinguishes the name of the said colledge kirke of Dunglas, provestrie and prebendaries therof and memorie of the samene to the effect abovementionat, and ordeanes ane chartour and infeftment to be granted quherby his matie, with consent of the commissioneres for the thesaurie, comptrollarie, collectorie and thesaurie of the new augmentationes and of his hienes deput in the foirsaides offices and remanent lordes and commioneres of excheqher, shall give, grant and dispone to the said erle of Home, his aires maill and assigneyes whatsomevir heritably all and sindrie the landes, teyndes, right of patronages, fishings and otheres eftirspecefeit quhilkes pertenit of old to the said colledge kirke of Dunglas, provestrie and prebendaries therof, viz: all and haill the foirsaides landes of Thrieplandhill and Branksholme, with the pertinentes; the patronage of the paroche kirke of Huttoun, with thrie husband landes, and of the hospitall of Huttoun, with fyve husband landes; of the paroche kirke of Edrom, with the landes therof commounly callit the Plewlandes; as also the toune of Wester Upsettlingtoun with the landes therof and wateres and haill teyndes of the samene; the place of Ridspittell, with the landes and pertinentes therof; the place of Strafontanes, landes and teyndes therof, with the pertinentes; thrie husband lands and ane merkeland lyand in the toune of Kello; four husband landes and ane merkeland, with ane annualrent of eight merkes in the toune of Chirnesyde; fyve husband landes in the toune of Ardincraw; tua husband landes in the toune of Duns and ane fyve merk land in the toune of Auldcanmes and ane annualrent of fourtie shillings in the toune of Blaikburne, all lyand within the shereffdome of Berwicke; halfe ane husband land in the toune of Pinkartoun and ane annualrent of eight merkes in the toune of Tinninghame, with all and sindrie houss, bigginges, yairdes, orchyairdes, mylnes, wodes, fishings, coales, coallheuches, tennentes, tennendries, service of frie tennentes, pairtes, pendicles and pertinentes quhatsomevir of the landes and otheres abovementionat, as being become in the handes of his matie or his successores be the foirsaid dimissioune and surrander and suppressing and extinguishing abovespecefeit therincontenit, conteaneing ane erectioune and unioune of the haill landes and wtheres foirsaides in ane haill and frie temporall barronie, to be callit now and in all tymecomeing the barronie of Eister Wpsatlingtoune, ordeaneing ane seasing to be takine at any pairt of the land therof to stand and be sufficient seasing for the haill landes, patronages, annualrentes, fishinges and otheres foirsdaids heirby appointed to be disponit to the said erle of Home and his abovewrittin, to be holdine of his matie and his successoures in frie blensh for yeerlie payment of ane penny at the feist of Whitsonday in name of blensch ferme, if it beis asked allenerly, als frielie as the said erle of Home held the patronage of the said colledge kirke of his matie of before.
[1644/6/320]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveind by vertew of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, have ratified and approvine and ratifies and approves the chartour granted be his maties umqhile foirgrandsire of worthie memorie to umqhile Johne Haddene of Glennegies, knight, and umqhile Marjorie Lawsone, his spous, and the langest liver of them tua in conjunctfie and the aires laufullie gottine or to be gottine betuixt them, quhilkes failzieing, to the said umqhile Johne, his neirest and laufull aires quhatsomevir, off the landes and barronie of Haddene, comprehending the particulare landes and tounes therinspecified, with the mylnes, woodes, forrests, fishings, waterganges, togidder with the advocatioune, donatioune and right of patronage of the kirke of Ardounan, be the quhilke chartour the samene landes, wodes, forrestes, mylnes, fishinges and otheres are creat, incorporat and united in ane frie baronie callit the barronie of Hadden, lyand within the shereffdome of Pearth, and ordeaneing seasing to be takine at the place of Ruslay, which is the principall heidhous of the said baronie, to be sufficient for the haill landes therof, the said umqhile Johne Hadden, his said spous and thair foirsaides giveing there sute and presence to thrie heid courtes to be holdine within the said shereffdome of Pearth allenerlie for all other sutes and services to be done be them, ther aires and successores in whatsomevir other courtes in the said shereffdome and stewartrie of Pearth wherof his maties umqhile darrest foirgrandsire, for himselfe and his successoures, exonered and dischairged the said umqhile Johne Haddene and his foirsaides for evir; and also be the samene chartour, all shereffs, stewartes and officeres and there deputes within the said shereffdome of Pearth are inhibit and dischairged of all citating and wnlaweing of the said Johne Haddene, Marjorie Lawsoune, his spous, and ther foirsaides for not ansuering and giveing sute and presence to any other courtes within the said shereffdome in all tymecomeing, except the saides thrie heid courtes abovementionat, they paying waird and releiff for the saides landes and barronie, with the mariage when the samene shall happine, as the said chartour of the dait at Edinburgh, the tuentie nynt day of Januarii 1508 yeeres proportes, in the haill heides, articles, clauss and conditiounes therof, eftir the forme and tennour of the samene chartor in all pointes in favoures of Sir Johne Hadden, now of Glennegies, and the saides estates of parliament willes and grantes that this present ratificatioune of the foirsaid chartor abovewrittin, with all hes fallowed or may fallow therwpoun in favores of the said Sir Johne Haddene of Glennegies, or any of his predicessoures, is and shall be als valied, effectuall and sufficient and of als great force and effect to him and his foirsaides for bruikeing of the saides landes and barronie and priviledges conteanit in the said chartor, and speciallie anent the exemptioun abovespecefeit therincontenit in all tymecomeing, according therto as if the samene chartour wer at lenth de verbo in verbum ingrost, insert and contenit in this present ratificatioun, notwithstanding the samene be not sua done; wheranent, and with all other defects, imperfectiones and objectiones quhillkes may be proponit aganes the same chartour and validitie therof or this present ratificatioun, the saides estates of parliament hes dispensit and be thir presentes dispenss for evir.
[1644/6/321]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie convenit by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, ratifies and approves the chartour and infeftment wnder the great seale granted be his matie to Sir James Hope of Waterheid and Dame Anna Foulles, his spous, in lyferent, and to Thomas Hope, there sone, his aires and assigneyes, in fie heritablie, off all and sindrie the landes of Watterheid, alias Glengonarheid, with the maner place, houss, biggings, yairdes and haill pertinentes therof, lyeing within the shereffdome of Lanerke, and of the haill mynes of gold, silver, copper, tinn, leyd and otheres mineralles quhatsomevir being within the saides landes or any pairt of the samene, to be haldine of his matie and his maties successoures in fewferme and heritadge for payment of the dewties falloweing, viz: for the saides landes of Waterheid and maner place and pertinentes therof, the soume of tuelfe merkes, sex shill[ings] 8 d. usuall money of this realme, and doubling the samene at the entrie of the air in name of fewferme, and for the saides mynes and mineralles, the tent pairt of the ore that shall happine to be wone forth of the saides landes as the samene shall happine to be landed, or the soume of ane thousand merkes money foirsaid at tuo termes in the yeere, Whitsonday and Mertimes, in the optioune of the said Sir James, his said spous, there said sone and his foirsaides in name of fewferme for all other burdene, exactione, demand or other dewtie quhatsomevir, in the haill heides, articles, clauss and conditiones conteined in the said infeftment, quhilke is of the dait at Halyrudhous, the eight day of September jM vjC and fourtie ane yeeres, with the precept and infeftment of seasing falloweing therwpoun, in the haill heides, articles and clauss therof; and willes and declaires this present ratificatioune to be alse effectuall as if the said chartour, precept and seasing were heirin insert per expressum, quheranent the saides estates dispenss for evir be thir presentes. And for the said Sir James, his said spous and there foirsaids there further securitie the estates foirsaides be thir presentes hes dissolved and dissolves the saides landes, mynes, mineralles and others foirsaides from his maties croune and from all annexit to the samene or any pairt therto, to the effect they may bruike the samene to be holdine of his matie and his successores in maner foirsaid, and sicklyke the estates foirsaides hes ratified and approvine the gifte wnder the privie seale granted be his matie to his maties trustie counsellor, Sir Thomas Hope, his maties advocat, of the saides fewmailles of the saides landes of Waterheid and mynes and mineralles therof and otheres therinconteind indureing his lyftime and to his aires and assigneyes be the space of fyve yeeres thereftir, quhilke is of the dait the sevinteine day of November jM vjC and fourtie ane yeeres, with the lettir of assignatione made be the said Sir Thomas to the said Sir James of the said gifte sua farr as may be extendit to the fewmailles of the saides landes, mynes and mineralles of Waterheid of all yeeres bygone and intymecomeing, and willes this ratificatione to be als valied and effectuall as if the said gifte and assignatioune wer heirin insert per expressum, quheranent the saides estates dispenss for evir.
[1644/6/322]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, hes ratified and approvine and be thir presentes ratifies and approves the letter of gifte and take made and granted be his matie, with advyce and consent of the commissionares of his hienes thesaurie and remanent lordes of excheqher, past wnder the privie seale, of the dait the fyfte day of November jM vjC and fourtie ane yeeres, quherby his matie hes givine, granted and disponed to his hienes lovit Sir Josephe Douglas of Pumperstoun, knyght, his aires and asigneyes all and sindrie the teinds, both great and small, personage and viccarage, of the east kirke and parochine of Calder, callit Caldercleire, and that of all yeeres and termes than bygone restand awand wnpayed preceiding the dait of the said gifte; and sicklyke his matie hes sett in take and assidatioune to the said Sir Josephe in lyferent dureing his lyftyme, and eftir his deceis to his aires and assigneyes for the space of nynteine yeeres, all and sindrie the saides teindshaves and otheres teyndis, great and small, personage and viccaradge, of the said kirke and parochine of Caldercleir, fruites, rentes, emolumentes and dewties belonging therto, the said Sir Josephe, his entrie to the saides teyndes beginand the first day of Maii 1635, for payment of ane certane yeerlie dewtie therefore, as the said gifte and take more fullie proportes, in all and sindrie the heides, articles, clauss and conditiounes of the samene letters of gifte and take, to the effect the saides teyndes, great and small, may be collected, gadderit, intromettit, usit and disponit wpoun be the said Sir Josephe and his foirsaides dureing the space abovementionat, conforme to the said gifte and take in all poyntes, renunceand and disponand be his matie, with consent abovewrittin, to the saids Sir Josephe and his foirsaides all other right, tytle, action and entres quhilke his hienes and his successoures had hes or may pretend to the saides teyndes dureing the said space abovementionat for now and evir, and that ane act of parliament be extendit heirwpoun in due forme as effeires.
[1644/6/323]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, ratifies and approves the gifte of pensioune made and granted be our soverane lord, the king's matie, wnder his hienes privie seale to Archbald, marques of Argile (therin designit Archbald, erle of Argile etc.) dureing all the dayes of his lyftyme off all and haill ane yeerlie pensioune of ane thousand pund sterling, to be wplifted and receaved be him yeerlie and ilke yeere dureing his said lyftyme at Candlemes and Lambes be equall portiones furth of the first and reddiest of his maties rentes, fewfermes, dewties and casualities whatsomevir within this kingdome of Scotland, daited at Halyrudhous, the fyfteine day of November jM vjC and fourtie ane yeeres foirsaid, and sicklyke ratifies and approves the commissioune made and granted be his matie wnder his hienes privie seale to the said Archbald, marques of Argile (therin designit Archbald, erle of Argile) dureing all the dayes of his lyftyme and to his deputts and substitutes in his name for receiveing, wplifting, ingathering and intrometting with all and sindrie the fewdewties, fewfermes, mailles, kaynes, customes, casualities, teyndes, teind dewties, take dewties of teyndes, rentes, proffittes and otheres dewties whatsomevir perteaneing and belonging and quhilkes anywayes may perteane and belong to the tuo beshoprickes of Lesmoire and the Iles off all yeeres and termes bygone restand awand wnpayed and yeerlie and termelie in tymecomeing dureing all the dayes of the said Archbald, marques of Argile, his lyftyme; conteaneing also ane power and warrand to the said Archbald, marques of Argile to sett new takes of the teyndes belonging to the saides tuo beshoprikes for the space of nynteine yeeres, if the samene shall happine to vaike dureing the tyme of the said commissioune, in maner therinmentionat, daited at Halyrudhous, the sevinteine day of the said monethe of November jM vjC and fourtie ane yeeres foirsaides, in all and sindrie heides, articles, clauss of the said gifte of pensioune and commissione foirsaid, conforme to the tennour therof in all poyntes. And the saides estates of parliament doe heirby declaire, decerne and ordeane that this present generall ratificatione of the said gifte of pensioune and of the commissioun foirsaid shall be als valied, effectuall and sufficient to the said Archbald, marques of Argile as if the samene gifte of pensione and commissioun war at lenth word be word heirin insert, dispensand heirby with the not inserting therof and with all otheres defectes and imperfectiones quhilkes may oniewayes be objected aganes the validitie of the saides gifte of pensioune and commissioune or ony claus therof, or aganes this present generall ratificatioune of the samene in all tymecomeing.
[1644/6/324]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, hes ratified, allowed and approvine and be the tennour heirof ratifie, allow and approve the gifte of pensione maid and granted be his matie wnder his hienes privie seill to Johne, erle of Lowdoun etc., highe chancellor of this kingdome of Scotland, dureing all the dayes of his lyftyme off all and haill ane yeerlie pensioune of ane thousand punds sterling, to be wplifted furth of the first and reddiest few mailles, fewfermes, customes, imposts and otheres his maties rentes and casualities within this kingdome yeerlie at Whitsonday and Mertimes proportionally, as the said gift of pensione of the dait at Halyrudhous, the third day of October the yeere of God jM vjC and fourtie ane yeeres at mair lenth beires; togidder also with ane warrand and precept granted be his matie to the thesaureres and otheres haveing commissioune for his maties thesaurie to make due and thankefull payment yeirlie to the said Johne, erle of Loudoun, chancellor, off his said yeerlie pensioune of ane thousand pundes sterling before ony other persone or depursment quhatsomevir and notwithstanding of whatsomevir precept or warrand in the contrair, as the said warrand and precept, superscryved be his matie and docquetted by his hienes advocat, daited the eight day of November jM vjC and fourtie ane yeeres, lykewayes at more lenth beeres, in all and sindrie heides, clauss, articles and conditiones of the foirsaides gifte of pensioune, warrand and precept respective abovementionat. And the saides estates of parliament doe heirby declare and ordeane that the foirsaids gifte, warrand and precept abovespecefeit and this presente ratificatioune therof is and shall be ane good, valied and sufficient right to the said Johne, erle of Loudoune for bruiking, joysing, wplifting and getting payment off the said yeerlie pensioune of ane thousand punds sterling dureing all the dayes of his lyftyme, and that this present ratificatione is and shall be als valied, effectuall and sufficient as if the foirsaids gifte of pensione, precepte and warrand abovewrittin wer verbatim heirin insert, dispensand heirby with the not inserting therof and with all defectes and imperfectiones quhilke may be objected aganes the validitie of the saides gifte, precept and warrand or this present generall ratificatione of the samene.
[1644/6/325]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, ratifies, approves and confirmes the gift granted by his matie wnder the privie seale, of the dait the ellevinth day of November jM vjC and fourtie ane yeeres, to and in favoures of Sir Archbald Johnstone of Waristoun, ane of the ordinare lordes of sessioune (therin designed Mr Archbald Johnestone of Waristoun, advocate) off ane yeerlie pensione of tuo hundreth punds sterling dureing his lyftyme, givine and granted to him for his service to his matie and the estates of this kingdome and for the experience his matie hade of his faithfullnes and painfullnes in the then late treattie betuixt the tuo nationes and his maties confidence of his true, sinceir and constant affection to his service and for his maties intentioune to imploy him in the sessioune and in other publict employmentes, which he could not wndergoe nor dischairge without his maties speciall supplie and helpe of mentenance therintill, which pensioune is appoynted to be payed to him dureing all the dayes of his lyftyme at tuo termes in the yeere, Candlemes and Lambes be equall portiones, and to be wplifted forth of the first and reddiest fewmailles, fewfermes, customes, impostes and otheres his maties rentes and casualities within this his ancient kingdome, as the said gifte at lenth proportes, in all and sindrie heides, clauss, articles and conditiones therof in all poyntes. And the estates declaire that the foirsaid gifte and this present ratificatioune therof is and shall be ane sufficient and valied right to the said Sir Archbald Johnestoune for bruiking, possessing and wplifting the foirsaid pensioune yeerlie and termlie dureing his lyftyme, conforme to the tennour of the said gifte and this present ratificatioune therof, and that this ratificatione is and shall be alse valied as if the foirsaid gifte wer insert verbatim heirintill, wheranent, and anent all defectes and imperfectiones if any be in the said gifte, the saides estates dispenss for evir.
[1644/6/326]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, ratifies and approves the letters of gifte and pensioune made and granted be his matie wnder his hienes privie seale to Sir Archbald Campbell (therin designed Archbald Campbell, the laird of Laweres brother) dureing all the dayes of his lyftyme off ane yeirlie pensioune of fyve hundreth punds Scotts money yeerlie, to be uplifted at Whitsonday and Mertimes proportionallie furth of the first and reddiest of his maties rentes and casualities of this kingdome of Scotland, as the saides letters of gifte of the dait the fyfteine day of Maii jM vjC and therttie fyve yeeres at mair lenth beires, in all and sindrie heides, articles and clauss therof. And the saidis estates of parliament doe heirby declaire and ordeane that this present generall ratificatione is and shall be als valied, effectuall and sufficient as if the foirsaid gifte of pensioune wer at lenth heirin insert, dispensand heirby with the not inserting therof and with all defectes and imperfectiones whilkes may be objected aganes the validitie of the samene.
[1644/6/327]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estats in anno 1641, ratifies, approves and confirmes the chartores and infeftmentes respective eftirspecified, viz: ane chartour and infeftment wnder the great seale, granted be the kinges matie for himselfe and as father, tutour, guider and laufull administrator to his hienes darrest sone, the prince, as prince and stewart of Scotland, to his maties lovit Bryce Sempill of Cathcart, his aires and assigneyes whatsomevir heritablie and irredeimablie, of all and sindrie the tempill houss and yairdes within the burghe of Renfrew, callit Lyllisweir, and ane aiker of tempill land in Renfrew, callit Curridaill, with all tempil landes within the parochine of Mearnes and of all other tempill landes and tenementes of old perteining to umqhile James Sandilandes, lord Torphichen, allsweill in propertie as tennendrie, alsweill in burghe as land, within the shereffdome of Renfrew, whatsomevir names or designationes they be of, with all maner places, houss, biggings, yairdes, orchyairdes, tenementes, mylnes, multores, wodes, fishings, coilles, coillheughes, midowes, pairtes, pendicles, tennentes, tennendrie, service of frie tennentes therof, office of bailliarie and regalitie and other priviledges, immunities, proffits, rightes and casualities particularlie and generallie mentionat in the said chartour, togidder with the sex shillinge, eight pennie land of old extent of Eisterbrouncastell, with the pertinentes, lyand within the shereffdome of Lanerke, to be holdine of his matie and his said darrest sone, the prince, and ther successoures in maner specified in the said chartour, quhilke is of the dait at Edinburgh, the tuentie fourt day of Julii the yeere of God jM vjC and therttie sevine yeeres, with the precept of seasing wnder the quarter seale and instrument of seasing falloweing therwpoun. Item, ane chartour of confirmatione wnder the great seale, granted be the kingis matie for himselfe and as administratour to his said sone, the prince, to and in favoures of the said Bryce Sempill of Cathcartt [and] his aires, ratifieing ane chartour granted be umqhile Bryce Blaire of that ilke to the said Bryce Sempill of Cathcart, his aires and assigneyes off all and haill the landes of Cathcart and Coldineleyes, with the pertinentes, extending to ane ellevine merke, sex shill[ing], 8 d. land of old extent, lyand within the barronie of Renfrew, and als giveing, granting and disponeing to the said Bryce Sempill and his aires succeiding to him in the right of the saides landes the right of waird and nonentrie therof when the samene shall happine to fall in the handes of his matie or his said darrest sone, the prince, or ther successoures be the minoritie of the aires and successoures of the said umqhile Bryce Blair, superioures of the saides landes, for payment of the taxt waird duetie and mariage mentionat in the said chartour in maner therinspecified, whilke is of the dait at Quhythall, the tuentie fourt day of Merche the yeir of God jM vjC and therttie nyne yeeres. Item, ane other chartour and infeftment wnder the great seale, granted be the king's matie, for himselfe and as father and administratour to his said darrest sone, the prince, to and in favoures of the said Bryce Sempill of Cathcart in lyferent and to James Sempill, his eldest sone and the aires laufullie to be gottine of his bodie in fie, quhilkes failzieing, to his other sones successive therinnominat and ther aires therinspecified, of the heritable right and office of shereffshipe of the barronie and shereffdome of Renfrew and of the heritable office of the bailliarie and regalitie of Paisley, wnder reversioun to his matie and his successours in maner specified in the said chartour, which is of the dait at Yorke, the sevint day of August the yeere of God jM vjC fourtie tuo yeeres, with the precept of seasing wnder the quarter seill and instrument of seasing falloweing therwpoun, with the procuratorie of resignatioune and right granted be the said James Sempill to the said Bryce Sempill, his father, and to his aires and assigneyes therinspecified heritablie of the foirsaides tuo heritable offices and priviledges and casualities belonging therto, daited the sevint day of December in anno jM vjC and fourtie tuo yeeres, and instrument of resignatioun falloweing therwpoun, of the dait the tuentie day of September jM vjC and fourtie thrie, in all and sindrie heides, articles, clauss and circumstances quhatsomevir of the foirsaides chartores, infeftmentes and other rightes respective foirsaid, and willes, grantes and als decerns and ordeanes that the foirsaid confirmatioune shall be als sufficient to the said Bryce Sempill of Cathcart and his foirsaides as if the saides chartores, infeftmentes and other rightes respective foirsaid wer word be word exprest heerin, albeit the samene be not sua done; quheranent, and with all that may fallowe therwpoun, the estates of parliament hes dispensed and be thir presents dispenss for evir.
This beneth the score not to be respectit.
And farder dissolves the foirsaides offices and otheres abovespecefeit, with the pertinentes, contenit in the foirsaides chartours, infeftmentes and other rightes from his majesties croune and from the principalitie respective and fra the patrimonies therof, and from all annexationes quhatsomevir annexing the samen or ony pairt therof therto, and of new dispones the samene to the said Bryce Sempill and his foirsaides to be holdine of his majestie and his said darrest sone, the prince, and there successoures, conforme to the tenoures of the saides chartoures and infeftmentes; and if neid beis ordeanes a new infeftment to be past heirwpoun in favoures of the said Bryce Sempill and his foirsaides to be holdine of his majestie and his said darrest sone as said is; and ordeanes act of parliament to be made and past heirwpoun in due forme, and als ordeanes thir presentes to be ane sufficient warrand to the clerke register and his deputes for that effect.†
[1644/6/328]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, ratifies and approves the chartour wnder his maties great seill, with the procuratorie and instrument of resignatione wherwpoun the samene proceidit, granted be our said soverane lord to his maties right trust cusing, George, lord Livingstoune and to his aires maill laufullie to be gottine of his bodie, quhilkes failzieing, to his nerrest and laufull aires maill and of tailzie and assigneyes whatsomevir heritablie and irredeameablie, off all and haill the office of constabularie and keiping of the palice of Linlithgow, lyand within the burghe of Linlithgow and sherrefdome therof, with all and sundrie fies, casualities, proffites and dewties perteaneing and belonging to the said office, and of all and haill the parkes, peilles and loches of the said palace of Linlithgow, with the midowes, stankes, yairdes, orchyairdes, pairtes, pendicles and pertinentes quhatsomevir, all lyand besyde the said palace of Linlithgow and within the shereffdome and lordship therof, and of all and haill the office of bailliarie of all and sundrie his maties landes lyand within the said lordshipe of Linlithgowshyre, and wpoun all and sundrie the tennentes and occupyeres therof, with the haill fies, casualities, priviledges, commodities, proffits and dewties perteaneing and belonging therto, and sicklyke of all and haill the office of constabularie and keeping of the castell of Blacknes, with all and sindrie annualrentes, fies, proffites, dewties, priviledges, commodities and liberties therof usit and wont, togidder with the saltpanes biggit or to be bigged wpoun the shoire within the boundes of the landes of Blaknes, and of all and haill the landes of Bonitoune and Blaknes, with the coalles and coallhewes of all and sindrie the samene landes of Bonitoune and Blaknes, als weill within as without the sea flood, and pertinentes therof, with tennentes, tennendries, service of frie tennentes, fewfermes and dewties therof perteaneing to the keeping of the said castell, lyand within the said shereffdome of Linlithgow, and with the fishes, fishings and croves of Blaknes within the sea and haill boundes therof, quherof Alexander, erle of Linlithgow, father to the said George, lord Livingstoune, or ony wtheres his predicessoures war in possessione of before, to be haldine of our said soverane lord and his maties successours in maner and for payment of the dewties contenit in the said chartour, quhilke is of the dait at Edinburgh, the fyfte day of December jM vjC and fourtie tua yeeres, togidder with the precept of seasing falloweing therwpoun, wnder the testimoniall of his maties great seall, in the haill heids, articles, clauss and conditiones of the foirsaid chartour, procuratorie and instrument of resignatioun wherwpoun the samene proceedit, and precept of seasing falloweing therwpoun. And the saides estates of parliament declaires the generalitie of this present ratificatioune to be als valied and sufficient to the said George, lord Livingstoune and his foirsaids as if the foirsaides procuratorie and instrument of resignatione, chartour and precept falloweing therupon wer all word be word and at lenth exprest and insert heirintill and as if the samene had bene granted to them before the taking of seasinge of the landes and otheres foirsaids contenit in the said chartour, notwithstanding of the seasing, if any be, allreddie takine of the samene; quheranent and anent all other defects and imperfectiounes quhatsomevir quhilkes onywayes may be proponit or alledged aganes the validitie of the saides procuratorie and instrument of resignatione, chartour and precept falloweing therwpoun, the saides estates of parliament hes dispnensit and be thir presentes dispenss for evir.
[1644/6/329]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, ratifies and approves ane lettir of dispositione and renunciatione made and granted be Johne, erle of Traquair, lord Lintoun and Caverstoune, than highe thesaurer, comptroller and thesaurer of the new augmentationes of this kingdome, with advyce and consent of Sir Johne Hamiltone of Orbestoun, justice clerke, Sir Johne Hope, fear of Craighall and Sir James McGill of Cranstounriddell, senatoures of the colledge of justice, commissionares therinmentionat, to and in favores of Alexander Maxwell of Dechmont, off the dait at Edinburgh, the first day of Julii the yeere of God jM vjC therttie eight yeeres, registrat in the bookes of excheqher the fourtene day of August anno foirsaids, quherby the saide Johne, erle of Traquair, with advyce and consent of the saides commissionares, for the causs therinconteind, hes sold, annelied, assignit, renunced and disponed to the said Alexander Maxwell, his aires, assigneyes and successoures quhatsomevir, all and sindrie annuities adebted to his matie in any maner of way forth of the teyndes of the landes of Dechmont, lyand within the parochine of Livingstoun and shereffdome of Linlithgow, perteaneing heritablie to the said Alexander Maxwell, and that alsweell of all yeeres and croptes than bygone as in all tymecomeing, and sickelyke, with advyce and consent foirsaid, renunced, dischairged and overgave to and in favoures of the said Alexander Maxwell and his foirsaides all right and title quhatsomevir whilke his matie or his hienes successores hes or can pretend to the annuitie of the teindes of the foirnamed landes, with the pertinentes, or ony pairt therof, togidder with all actioune, instance and persut competent or that may be competent to his matie or his hienes successoures theranent of all yeeres than bygone and to come for evir, and have declaired therby that the said Alexander Maxwell, his aires, assigneyes and successoures quhatsomevir shall be frie of the annuitie of the saides landes above expremed, and that he and his foirsaides shall brooke and joyse the saids teyndes and landes particularlie abovedesigned, with the pertinentes, frielie but payment of annuitie due to his matie or his hienes successores perpetuallie in all tymecomeing, but ony revocatione, contradictioune, impediment or aganecalling whatsomevir, as in the said lettir of dispositione and renunciatione at mair lenth is conteyned, in all and sindrie heides, articles, clauss and circumstances therof, declairing this present generall ratificatione to be alse sufficient in all respectes as if the foirsaid lettir of dispositione and renunciatioune were at lenth word be word ingrost heirintill; quhairanent the saides estates of parliament have dispensit and be thir presentes dispenss for evir.
[1644/6/330]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, hes ratified and approven and be thir presentes ratifies and approves the proces and decreet of apprysing led and deduced within the tolbooth of Edinburgh wpoun the first day of August the yeere of God jM vjC and therttie thrie yeeres be dispensatioune before George Ker, messinger, shereff in that pairt, at the instance of Johne, lord Hay of Yester aganes umqhile James Maxwell of Kirkconnell, and all otheres haveand entres, quherby ther wer apprysit the ground right and propertie and all other right and title competent to the said umqhile James Maxwell, his aires and assigneyes off all and haill the landes and maynes of Kirkeconnell and of all and haill the landes of Burnefute, Berrieshawes, Craigshawes and Bririelies and of the mylne of Kirkeconnell, mylnelandes therof, with the maner place, all and sindrie otheres ther houss, biggings, yairdes, moss, mures, midowes, outsettes, wodes, fishings, toftes, croftes, pairtes, pendicles and pertinentes therof, lyand within the stewartrie of Annan and shereffdome of Drumfreis, togidder with the reversiones legall and conventionall, takes of landes and teyndes, contractes and otheres mentionat in the said apprysing, and that in satisfactione to the said Johne, lord Yester of the soumes of money principall, expenss and shereffie specified in the said apprysing adebted and awand to him be the said umqhile James Maxwell, to have bene haldine of Robert, erle of Nithisdaill, his aires and successoures, superioures of the same, to the said James Maxwell be the saides lordes of counsell and sessione, be there delyverance writtin one the bake therof wpoun the tuentie day of Januar jM vjC and therttie fyve yeeres, togidder with the precept of seasing directed forth of his maties chancellarie, of the dait the tuentie eight day of Julii 1635 yeeres foirsaid, for infeftment to have bene givine to the said Johne, lord Yester of the landes and otheres abovewrittin to be holdine of his matie and his hienes successoures, superioures to the said Robert, erle of Nithisdaill of the same, sicklyke and als freelie in all respectes as the said umqhile James Maxwell held the same before the said apprysing of the said erle of Nithisdaill, and that in respect of the said erle of Nithisdaill, his refuisal to infeft the said Lord Yester in the saides landes, being laufullie chairged for that effect be vertue of lettires of four formes raised and execut wpoun the said apprysing as use is, and for his said refuisal and disobedience, wes denunced rebell and put to the horne, conforme to the saides lettires; togidder lykewayes with the instrument of seasing falloweing wpoun the said precept of chancellarie, wherby the said Lord Yester wes wpoun the [...] day of [...] yeares heritablie infeft and seasit in the saides landes and otheres to be holdine of his matie and successores as said is, as the said proces of apprysing, precept and instrument of seasing respective falloweing therwpoun at lenth beires; togidder lykewayes with all and sindrie decreetes of removeing and for mailles, dewties and otheres decreetes, sentances, letters and charges quhatsomevir obtenit and purchest at the instance of the said Johne, lord Yester wpoun the said apprysing and infeftment in the haill heides, articles, clauss, circumstances and conditiones of the samene, to the effect the saides landes and otheres, with ther pertinentes, apprysit in maner foirsaid may be bruiked and possest be the said Johne, lord Yester, his aires and assigneyes heritablie, and that the saides reversiounes, takes of landes and teyndes and otheres abovementionat therin may be usit and disponit wpoun be the said Lord Yester and his foirsaides eftir the forme and tennour of his said apprysing and infeftment in all poyntes, and that ane act of parliament be extendit heirwpoun in due forme as effeires.
[1644/6/331]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, hes ratified and approvine and be thir presentes ratifies and approves the lettir of assignatioune and dispositione made and granted be his matie to his hienes trust cusigne, Patrike, lord Elibanke, for all the dayes of his lyftyme, off all and haill the few dewties eftirspecefeit of his landes of Ballincreiff and Lochhill dew and adebted be him to his matie yeerlie be his infeftmentes therof, viz: thrie chalderes, tuelfe bolles beir; tuentie nyne capones; ane quarter of ane capoune; ane hundreth fyvescoire poultrie; ane halfe poutrie; thrie hundreth pair of doves; ane thousand chirries and fourtie pundes, ten shillings money of Scotland dew to his matie be the said Patrike, lord Elibanke for his saides landes of Ballincreefe be his said infeftment therof, and the soume of threttine pundes, ten shillings money foirsaid dew to his matie be the said Lord Elibanke for his saides landes of Lochhill be his infeftment therof off the cropt and yeere of God jM vjC and fourtie thrie yeeres and sicklyke in tymecomeing dureing his lyftyme, and that in pairt of payment and in the foirend of the yeirlie pensione of ane hundreth pund sterling granted and disponit be umqhile King James the sext of eternall memorie to the said Patrike, lord Elibanke (designit for the tyme sone and appeirand air to umqhile Sir Gedione Murray of Elibanke, knyght, his hienes thesurer deput) furth of the reddiest of his maties rentes and casualities of this kingdome at tua termes in the [year], Whitsonday and Mertimes be equall portiones, be his hienes letter of pensioune of the dait the tuentie ane day of September jM vjC and† fifteine yeeres, and quhilke lettir of pensione wes ratified in the parliament haldine be our said umqhile soverane lord in the moneth of Junii jM vjC and sevinteine yeeres; as also the samene lettir of pensioune and ratificatioune therof foirsaid wes ratified be our soverane lord who now rignes be his hienes letter therwpoun of the dait the fyfteine day of August jM vjC and tuentie nyne yeeres; as lykewayes the samene lettir of pensione and ratificatioun therof foirsaides wes not onlie ratified and approvine be his matie to the said Patrike, lord Elibanke, bot also of new his matie granted and disponit to him dureing all the dayes of his lyftyme the said pensioune of ane hundreth pund sterling yeerlie to be wplifted as said is, as the said letter of assignatione and dispositione granted be his matie to the said Patrike, lord Elibanke of the dait the tuentie day of Merch lastbypast relatife to the saids gifte and ratificatioune therof at lenth beires, with the samene letters of gifte and ratificationes, in all and sindrie heides, clauss and conditiones therof eftir the forme and tennour of the samene in all poyntes.
[1644/6/332]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveent by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, ratifies and approves ane chartour wnder his maties great seale, of the dait at his maties court at Whythall, the tuentie fourt of Aprile 1637, granted be his matie, for himselfe and as lord of the lordshipe and regalitie of Dumfermling, wherby his matie, with consent of his maties treasurers principall and deputie and the rest of the lordes of his maties excheqher of the kingdome of Scotland, gave, granted and disponit to his hienes traist cusigne and counsellour, Charles, erle of Dumfermeling and his aires maill and of tailzie therinspecified heritablie all and haill the tennendrie of the Grange of Dumfermeling, comprehending the landes of aucht, fyve [and] sevine pairtes of the Eist Barnes, alias Grange, the lands of Ottorphies Fauld, with the teindshaves therof, includit the halfe landes of Lymekilles and teyndshaves therof includit and halfe of the houss, tenementes, yairdes and sea wairre of Lymkilles, the wester and eister saltpanes of Lymekilles, with the girnelles and houss [pertaining] therto, with port and anchorages of the same, the landes of Lathallmond, the fourt pairt landes of Northfood, the cornemylne of Coallyaraw, the tua cornemylnes lyand wnder the abbay wall of Dumfermeling callit the Heuche mylnes, all and sindrie the wnfewed coalles and coallheuches within the lordshipe of Dumfermeling quherevir the samene ly or may be fund within any landes of the said lordshipe and regalitie, alsweill within as without the river of Forth, all and haill the lands of Gusland and cumingare land, callit Bruntilland, with ane yeerlie annualrent of tuentie merkes furth of the said burghe of Bruntilland and commountie therof, all and haill the heritable office of bailliarie and justiciarie of the lordshipe and regalitie of Dumfermeling (exceptand therfra what belonges to the bailliarie of Mussillburghe), togidder with the heritable office of constabularie of the palace of Dumfermeling and of all houss, yairdes, greines and otheres within the precinct therof, and all loches within the said lordship belonging to his matie or his predicessoures, with all fies, casualities, liberties, commodities, priviledges and jurisdictione belongeing to the saides offices respective and speciallie without prejudice of the generalitie foirsaid, ten chalderes blake aitts to be payed yeerlie furth of the landes of Luscare, Westercraige, Luskure, Baithe, Nether Baith wndir the Hill [of] Baith, Turnebull, Blakelaw, Northfood, Baith [and] Stevinstoune, all lyand with[in] the parochine of Dumfermeling, togidder with all and sindrie custome, capounes, poulltrie, cocke and hen, off all and haill the foirsaid lordship of Dumfermlying, alsweel wpoun the southe as northsydes of the water of Forth payable be the vasselles and otheres within the said lordshipe and regalitie, all and haill the landes of Pinkie and Carse, with the maner place and fortalice of Pinkie, the landes of Mylnehilles, with the mylnes, multores and sequelles therof, the heritable office of majoreshipe within the haill boundes of the said lordshipe and regalitie, with the proffitts and dewties belonging therto; and be the quhilke chartour his matie, with consent foirsaid, hes ratified and approvine ane renunciatione and approbatioune made and granted be Lodowicke, duike of Lennox, heritable admirall of this kingdome, daited at Quhythall, the tuentie fourt of December 1612, registrat in the bookes of counsell and sessione wpoun the fourteine of Januarii 1613 yeeres, wherby the said duike of Lennox, acknowledgeing that the lordshipe of Dumfermling wes foundit of old with all frie priviledges and jurisdictiones belonging to ane frie regalitie and with the priviledges, casualities and accidentes belonging to the admiralitie within the haill boundes and regalitie therof, and therfore the said duke of Lennox, as great admirall of the said kingdome, ratified, approved and confirmed the right, tytle and possessione due to umqhile Quene Anna of worthie memorie as lady of Dumfermling and to hir heritable baillies of the lordshipe and regalitie therof of the wndoubted admiralitie within the boundes of the haill lordship of Dumfermeling off all shipes, sea warkes, accidentes and casualities ather by land, sea or water or otherwayes belonging to the right of admirality within any pairt, limittes or boundes of the said lordship and regalitie of Dumfermeling wherevir the samene ly in ony pairt of this kingdome, and quhairby the said umqhile Lodowicke, duke of Lennox acknowledged the saids shipe wraikes, sea wraikes, accidentes and otheres casualities belonging to the right and jurisdictione of admiralitie nowayes to belong nor perteane to the said duke of Lennox nor his successoures nor ther admirall deputes, bot to belonge properlie to the said umqhile Quene Anna of worthie memorie and to hir hienes aires and successoures to the said lordship and regalitie and to thair heritable baillies of the same as proper pairtes and pertinentes of ther office and jurisdictioune of bailliarie and justiciarie therof, and that the said Lodowicke, duke of Lennox hade no priviledge nor jurisdictioune over any persones duelling within the said regalitie, and renunced the saides shipwraikes and sea wraikes, accidentes and all jurisdictione of the same quhilke the said Lodowicke, duike of Lennox, his aires and successoures might cleame or pretend therto as admirall of this kingdome within the foirsaid regalitie and that in favoures of the said umqhile Quene Anna, hir aires and successoures foirsaids and ther heritable baillies and justiciares of the same. Lykas be the foirsaid chartour his matie, with consent foirsaid, hes of new givine, granted and disponed to the said Charles, erle of Dumfermeling and his foirsaids the foirsaid office of heritable bailliarie of the admiralitie of all lands, seaes, wateres and otheres belonging to the said lordshipe and regality of Dumfermling or bounding, limitting or lyand contigue with the landes therof wherevir the samene ly within this kingdome wpoun both sydes of the water of Forth, togidder with all priviledges, liberties, immunities, accidentes and casualities belonging therto and quhilke may belong to the foirsaid priviledge and jurisdictioune of admiralitie (within the boundes foirsaides) except befor excepted, as the foirsaid chartour granted be his matie to the said erle of Dumfermeling, conteaneing diveres otheres landes, priviledges [and] liberties, with ane gifte and unioun of the saides haill landes, teyndes, offices and otheres therinspecefeit in ane frie tennendrie, of the dait foirsaid, at mair lenth proportes. Quhilke chartour foirsaid, togidder with the instrument of seasing falloweing therwpoun, togidder also with the foirsaid ratificatioune and renunciatione granted be the said umqhile Lodowike, duke of Lennox anent the right of admiralitie foirsaid, togidder with the indentours made betuixt the said umqhile Quene Anna and umqhile Alexander, erle of Dumfermeling, father to the said Charles, now erle of Dumfermeling anent the said erle, his right to the saides ten chalderes of blake aittes and haill custome, capounes, poultrie, cock and hen belonging to the said lordshipe of Dumfermeling, togidder lykewayes with all other rightes and securities granted to the said Charles, erle of Dumfermlyng or to his said umqhile father, there predicessoures and authoures of and conserneing the saides landes, teynds, offices, priviledges, jurisdictiones, liberties and otheres foirsaids specefeit in the foirsaid chartour, or any pairt of the same, off quhatsomevir daites, tennores or contentes the samene be of, the saides estates ratifies and perpetuallie confirmes, and quhilke generall ratificatioun and confirmatiene foirsaid the saides estates of parliament heirby declaires to be als valied and sufficient to the said erle of Dumfermling and his foirsaides in all respectes as if everie writ, right and securitie made to him and his foirsaides anent the premiss ware particularlie mentionat heirin, anent the quhilke generalitie the saides estates hes dispensed and heirby dispenss for evir. Lykas the saides estates ordeanes this present confirmatione and ratificatioune to be als valied and effectuall to the said Charles, erle of Dumfermeling, his aires and successoures therinspecefeit as if the samene chartour, with the precept and instrument of seasing falloweing therwpoun, togidder with the foirsaid ratificatione and renunciatione gran[te]d be the said umqhile Lodovick, duke of Lennox, the saides indentores anent the saides ten chalderes blake aittes, custome, capounes and poultrie foirsaid and all other writtes mad to the said Charles, erle of Dumfermeling and his foirsaides of the landes, teyndes, offices and otheres abovewrittin or any pairt therof were all heirintill verbatim insert; quhairanent, and the not inserting of the samene heirintill, the saides estates of parliament have dispensit and heirby dispenss for evir.
[1644/6/333]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, be thir presentes ordeanes Sir Alexander Gibsone of Durie, knyght, clerke of his maties registeres, counselles and rolles, and heirby gives warrand to him to cause print the haill publict actes and statutes done and concludit in this present sessioune of parliament and to cause prefixe wpoun the title page therof thir wordes falloweing, viz: Actes done and past in the first sessioune of the third parliament of our soverane lord, Charles, be the grace of God, king of Scotland, Ingland, France and Ireland, defender of the faith, haldine at Edinburgh and beginand the fourt of Junii jM vjC and fourtie foure and endand the tuentie nynt day of Julii the samene yeere 1644, according to the severall daites respective of the samene actes prefixed therto.
[1644/6/334]*[print] [email] [cite] [preceding] [following]
The estates of parliament be thir presentes ordeanes and gives warrand to redelyver to Sir James Carmichaell of that ilke, thesaurer depute, the honours, viz: the croune, sword and shepter, quhillkes war produced be him in face of parliament wpoun the first day of the parliament, quhilkes wer accordingie delyvered to him.
[1644/6/335]*[print] [email] [cite] [preceding] [following]
The quhilk day compeired Mr Harie Chaipe, advocat, procurator for Williame, erle of Mortoune etc. and produceit the declaratione wnderwrittin granted in favours of the said erle be the proveist, baillies and counsell of Edinburgh, and desyred the samene to be insert in the bookes of parliament of this day and dait, with the ratificatione eftirspecefeit granted in favoures of the toune of Edinburgh; off the quhilke declaratione the tennour fallowes: Wee, the proveist, baillies and counsell of the burghe of Edinburgh, for us and our successoures and for the commontie of the said burghe, declaires that the infeftmentes and rightes granted be his matie to and in favoures of us, the proveist, baillies, counsell and commountie of the said burghe of Edinburgh for the tyme of all and sundrie landes, heritadges, possessiounes, teyndes, superiorities, benefices, offices and otheres quhatsomevir belonging to the late beshope of Orknay the tyme of abolutione of beshopes past in anno 1640 and 1641, nor yit the take of the samene landes, heritadges, offices and otheres perteaneing to the said lait beschope granted be his matie to Robert Leslie, his servitor, nor assignatioune of the samene take made be the said Robert Leslie to us and our successores of the saides landes, teyndes, rentes, offices and otheres perteaneing to the said lat beshoprike of Orknay, nather yit the signatour granted be his matie to us and our successoures of the saides landes, teyndes and others perteaneing to the said late beshoprike of Orknay as said is, quhilke signatour is superscryved be his matie and docked be the erle of Lanarke, his hienes secreetar, off the dait the [...] day of [...] jM vjC and fourtie yeeres, donatioune and gifte contenit in the said signatour and infeftment to fallow therwpoun, nor yit our ratificatioune of the saides rightes respective abovewrittin in parliament granted or to be granted to us therwpoun, shall nowayes be extendit to ony landes, heritadges, lordshipes, barronies, houss, bigginges, mylnes, woodes, fishinges, yles, superiorities, offices and otheres quhatsomevir quhilkes pertenit and belonged of old to the erles of Orknay or [wer] possest be them or ony of them rightes, liberties and priviledges therof ore to ane noble erle, Williame, erle of Mortoun, his aires and successoures in ther bruikeing and possessing therof, conforme to the contract past betuixt his matie and him anent the said erldome of Orknay and lordshipe of Zetland, landes, rentes, offices and priviledges belonging therto of old perteaneing and possest be the saides erles of Orknay, infeftmentes and seasings falloweing wpoun the said contract and ratificatioune of the saides rightes in parliament granted in favoures of the said noble erle and his foirsaids, quhilke contract, rightes in parliament and infeftment and seasing falloweing wpoun the said contract and ratificatioune therof granted in favores of the said erle of Mortoun and his foirsaides shall nowayes be prejudged be none of the saides rightes abovewrittin granted to us and our successoures of the said Robert Leslie, our cedent, in sua fare as the samene concernes or may be extendit to ony of the saides landes, heritadges, lordshipes, barronies, yles, houss, bigginges, mylnes, woodes, fishinges, offices and otheres quhatsomevir perteaneing and possest be the saides erles of Orknay, rightes, liberties, priviledges, dewties, casualities and wtheres belonging therto in ony sort directlie or indirectlie; provyding, lykeas it is heirby expreslie provydit that this present declaratioune made be us in favoures of the said noble erle shall nowayes be extendit to ony landes, heritadges, lordshipes, barronies, houss, bigginges, mylnes, wodes, fishinges, yles, superiorities [and] offices, with the haill rightes, liberties and priviledges therof and otheres whatsomevir quhilkes pertenit and belonged to the late beshopes of Orknay or wer conteind in the lait fundatioune of the beshoprike of Orknay, off the dait the [...] day of [...] jM vjC and [...] yeeres, and that albeit and notwithstanding that ony pairt of the premiss hes perteened and belonged of old to the erles of Orknay or any of them or possest be them or ony of them. And for the mair securitie, we consent thir presentes be registrat in the bookes of counsell and sessioun, therin to remaine ad futuram rej memoriam, and for registrateing heirof constitutes [...], our procuratores, promitten derato etc. In witnes quherof we have subscryved thir presentes with our handes (writtin be James Allane, servitour to Robert Pringill, writter to his maties signet) at Edinburgh, the tuentie sex day of Julii the yeere of God jM vjC and fourtie foure yeeres, befor thir witness, James Rae, merchand burges of the said burghe, and Peiter Algo, writter there. Sic subscribitur, J. Smyth, proveist; J. Chartores, baillie; Johne Binnie, baillie; James Eleis, baillie; Robert Maistertoun, baillie; ita est Mr Alexander Guthrie scriba communitatis burgi de Edinburgh, notarius publicus in premissis requisitus de speciali mandato dictorum prepositi Ballivorum consilium et artium decenorum dicti burgi. Testantibus his meis signo et subscriptione manualibus. A. Gathrie, James Rae, witnes, Peiter Algo, witnes.
[1644/6/336]*[print] [email] [cite] [preceding] [following]
In the parliament holden at Edinburgh, the twentie nynt day of Julii the yeere of God jM vjC and fourtie foure yeeres be the estates of parliament, presentlie conveened be vertew of the last act of the last parliament holden be his majestie and the thrie estates in anno 1641 yeeres, anent the dittay of treasone and forfaltour given in be Sir Thomas Hope of Craighall, knight, his maties advocat, Sir Thomas Nicolsone of Carnok, Mr Rodger Mowat, Alexander Peirsone, James Baird and Thomas Nicolsone, advocattis, procuratores for the estates of the kingdome, againes William Maxwell of Midkeltoune before the committee of parliament efterspeiit, off the quhilk dittay the tennor followes: Williame Maxwell of Midkeltoune, ye are indyted and accused befoir Alexander, erle of Linlithgow, Johne, erle of Weymes, Alexander, lord Elphingstoune, Johne, lord Bargeny, Sir James Stewart of Bute, Andrew Agnew, fear of Lochnaw, Johne Schaw of Grenok, Mr George Dundas of Maner, Robert Meiklejohne, burges of Edinburgh, Robert Arnote, burges of Perth, Mr Robert Cunninghame, burges of Kinghorne, Allane Dunlope, burges of Irving, Sir Johne Hamiltoune of Orbestoune, Mr Alexander Colvill and Mr James Robertoune, justice deputtis, comissioneris appoyntit be the honorable estates of this present trienniall parliament, of the treasonable crymes respective efterfollowing: That forfameikle as albeit be the commoune law, lawes of nationes and lawis and practice of this kingdome and be all justice, reasone, equitie and conscience all that ryse in armes and concurre with the enemies of this kingdome for subdewing of thair native countrey, all invaideris, assaulteris or perseweris by force of armes of this kingdome or any tounes or castellis therof, all who contribute ther helpe and concurrance or assistance to the adversaries of this kingdome, assaulteris or invaideres therof in hostile way, all who are either authouris, abaitteris, mantaineris or supplieris or concurrentes with the adversaries of this kingdome in the assaulting and subdewing therof or any pairt therof, all persones quhatsomever takeris and apprehenderis of the kinges frie leidges and carrieris of thame away captive, and keiperis and deteineris of thame in private prisones, and sicklyke all committeris of thift, stealth reiff or airt and pairt therof, being landit men, all who are airt and pairt of any of the crymes, misdeedis and malversationes abonespeiit incurris the paine of heigh treasone against the kingis majestie, his croune and against the estates of this his ancient and native kingdome and the paine of forfaltrie of lyff, landis and goodis to be execute againes thame be the estates of this kingdome and the benefite thairof to be applyed to the use of the publict, at the leist the committeris of the saides crymes abonespeiit or ather of thame are utherwayes censureable and punishable in their persones, names and fames and in their goodis and estate be fyneing, confyning or utherwayes as the estates shall find expedient. Yit nevertheles yow, the said Williame Maxwell of Midkeltoune, haveing sheaken off all dew respect and fear to the lawis of this kingdome and all dewtie that as ane subject and patriote thairof yow ought to have caried to this kingdome and to the defence therof, especiallie now in ther troublesome tymes quhen this kingdome is threatened with the hostile invasioune of some of her unnaturall broode, yow have presumed and taken upone hand, contrair to the commoune law and law of all natiounes and to the lawis and practice of this kingdome and to all justice, reasone, equitie and conscience, to concurr with, fortifie, assist, mantaine, countenance and supplie the publict, notorious and avowed enemies and traterous adversaries of this kingdome and the publict invaideres therof in hostile way, and have countenanced them in their traitterous courses against this kingdome and the peace therof in maner and at the tymes efterspeiit, viz: whairas James, erle of Montrose with Johne, lord Herres, Robert, erle of Nithisdaill, James, vicount of Aboyne, James, lord Ogilvie and with utheris, their unnaturall traiterous associatis and complices, did in ane unnaturall and treasonable way invade this kingdome in the moneth of Appryle lastbypast and did in hostile maner, with severall trouppes of horses and companyes of foote, all armed in bellicall way, with displayed banneris, enter this kingdome in the south pairtes therof and did assault and summond the toune of Dumfreis and inhabitantes thairof and did force thame thairby to enter in capitulatioune with him and rander the said toune and did plant gariesones thairin and in the castell thairof, intending thaireftir to prosequte his unnaturall and treasonable designes against the remanent pairtis of this kingdome, to the utter destructioune therof, all which treasonable invasione of the said James, erle of Montrose, Robert, erle of Nithisdaill, James, vicount of Aboyne, James, lord Ogilvie, Johne, lord Herres and their associattis were publictlie excommunicate in the kirkis of Edinburgh, and for repressing of whome and their invasion warrand wes given be the conventioune or committee of estates of parliament to James, erle of Callender to raise and lead ane army of the qualitie of commander in cheiff. Yow did concurr with the said James, erle of Montrose and his remanent associattis and complices abonewrittin in his foresaid treasonable attempt against this kingdome, and did countenance, fortifie and supplie him in the persewing of the samyne in sua farr as yow, the said Williame Maxwell of Midkeltoune, did concurr with the said James, erle of Montrose and his remanent associattis in his foresaid treasonable attempt against this kingdome, and did countenance, fortifie and supplie him and concurr with him in the persewing of the samyne in maner following, viz: upone Soneday at nyne hours (being the fourtene of Apprile last) yow did meet at Terreglis (my Lord Herres, his hous) with Johne, lord Herres, ane of the publict and avowed enemies of this kingdome and associate to the said James, erle of Montrose in his foresaid unnaturall invasioune of this kingdome, quhair the said Lord Herres gave yow to wnderstand that my Lord Nithisdaill wes comeing in against the countrey with some forces and desyred yow to goe alongis with the said Johne, lord Herres to assist him, which yow did and went that night with the said Lord Herres to the bankend and stayed thair all night, and on the morrow (being Monday the fyftene of the said moneth of Apprile) when the lordis of Abboyne and Ogilvie, also publict and avowed enemies of this kingdome and associattis to the said James, erle off Montrose in the foresaid invasion, did actuallie invade this kingdome and enter the same with English forces and came upe to the said bankend whaire yow were, yow, with the said Lord Herres and the rest of the freindis, joyned yourselff with them and went along with the saidis forces to the hill abone the toune of Drumfreis, and efter the toune wes assaulted be the saids English forces and randerit to thame, yow went bak with the erle of Nithisdaill to the bankend againe and returned that night to the toune of Drumfreis. Lykeas upone Tuysday thaireftir, efter a meeting of my Lord Nithisdaillis ludging betuixt my Lord Montrose and the rest of the lordis and my Lord Nithisdaill, his freindis (amongst quhome yow yorselff wes one), yow were appoynted captane of the paroschines of Balmaghie and Keltoune for raiseing of the kingis leidges within the saidis paroschines in armes and for bringing of thame in the said rebellious army, in obedience whairof, upone Weddnesday thaireftir, yow did warne some of the saidis paroschines that they should not ryse in armes with any bot be ready upone my Lord Nithisdaill, his advertisement. Lykeas upone the Thursday thaireftir (being the aughtene of the said moneth) yow, being accompanyed and assisted with diverse armed men and English troupperis, haveing rancountered with Adame McMyne, Johne Halliday, Thomas McGill, James Aitkine and Thomas Maxwell, paroschineres of Keltoune goeing to Kirkcudbright, yow tooke them prisoneris and held pistolles to thame and drawne whingeris and caused them rander ther armes, and brought them bak to the hous of Johne Maxwell of Mylnetoune, your brother, and took them, sworne that they should never lift armes againes my Lord Nithisdaill nor against yourselff and yow (at the leist the troupperis that were in your company) took thair armes frome them. Lykas yow did [...] Robert Kirk becaus any came out of these parosches against Nithisdaill. Lykas yow sent for George Levingstoune, wha wes appoyntit captane of the paroschine of Balmaghie by the committee of the schyre, and when he came to yow, yow told him that yow wes appoyntit captane of that paroschine yourselff and dischairged him to lift any men thereout of for the use of the countrie. And als yow have usurped the kingis majestie, his authoritie, in apprehending the kingis frie leidges in maner abonespecefeit, in doeing quhairof yow have unnaturallie and traitterouslie concurred with, countenanced, fortified, assisted, mantained and supplied the said James, erle of Montrose and the utheris persones foresaidis, the publict, notorious and avowed enemies of this kingdome in the said treasonable invading of this kingdome, and is therby airt and pairt of the said hostile invasion, and als have tane and apprehendit the kinges frie leidges at your owne hand and keeped them in prisone, and have comittit the cryme of thift and stealth reiff, being a landit man; at the leist yow are airt and pairt and principall actour thairof, quhilkis crymes abonespeiit yow cannot deny, and thairfore hes incurred as a traittour to this kingdome, at the leist as concurrer, assister and fortifier of the said James, erle of Montrose and the utheris persones foresaidis, the paine of heigh treason and the paine of forfaltrie of lyff, landis and goodis to be execute againes yow be the estates of this kingdome, and the benefite thairof to be applyed to the use of the publict of this kingdome for releiffe of their burdinges or utherwayes in the optioune of the estates of this present parliament, yow are censureable and punishable for the crymes, misdeedis and malversatiounes abonespecefeit in your persone, name and fame and in your meanes, goodis and estate by fyneing, confyneing or wtherwayes as the saidis estates of parliament shall think expedient, and als anent the comissioune grantit be the parliament to the persones abovenamit as judges deligate for tryell of the said Williame Maxwell anent the crymes contenit in the foresaid dittay anent the discussing of the relevancie therof and ressaveing of the probatioune therwpoune, as the commissioune grantit heiranent the tuelff of Julii 1644 yeeres instant, with the prorogationes of the samen comissioune grantit be the parliament, mair fullie proportes. Whilk dittay abovewrittin being produced be the procurators of estate before the saidis judges, thair wes ane just copie therof subscribed be the clerk of that commissioune delyverit to the said Williame Maxwell, being personallie present to anser therto. Lykas the judges haveing mett divers and sundrie dyettis thaireftir for discharge of their dewtie in the foresaid commissioune, and haveing at these dyettis conveened before them the said Williame Maxwell, being than incarcerat in the tolbuith of Edinburgh, and haveing lykwayes callit the procurators of estate, perseweris of the said dittay, and they and the delinquent abovenamit being all personallie present and the delinquent haveing given in his haill defences and the procurators of estate, ther answers therto, quhilk being hard and considdered be the saidis judges, they, for ther farder cleireing and informatioune anent ther procedor in the bussines craved the advyse of the estates of parliament as followes, viz: quhither or not ane dittay foundit upone the said William Maxwell, his cariage in the southerne invasioune being as followes, viz: that he concurred with the erle [of] Montrose and his associatis and complices in the said invasioune and did countenance, fortifie and supplie him therin in swa farr as upone Sunday the fourtene of Appryle last he did meete at Terreglis, ane hous belonging to the Lord Herreis, with the said Lord Herreis, whair the Lord Herreis acquanted him that the erle of Nithisdaill wes comeing in against the countrey with some forces and desyred the said Williame to goe alongis with him to assist him, quhilk the said Williame did, and went that night with the Lord Herreis to the bankheid, stayed ther all night and on the morrow, quhen the lordis of Aboyne and Ogilvie, associatis to the erle of Montrose in the foresaid rebellion, did actuallie invade the countrey and enter the same with the English forces and came upe to the bankheid, the said Williame Maxwell and with the Lord Herreis and remanent persones joyned with them and went along to the hill above Drumfreis, and efter the toune wes assaulted be the Inglish forces and randered to them, the said Williame went bak with the erle of Nithisdaill to [the] bankheid and thereftir returned to Drumfreis; lykeas the said Williame was appoynted captane of the paroshines of Balmaghie and Keltoune for raiseing of the kingis leidges within these paroshes and joyneing with the rebellious armie, and thereftir did warne some of the saids paroschineris that they should not ryse in armes with any bot be readdie upone the erle of Nithisdaillis advertisement; lykas the said Williame, being assisted with English troupperes, haveing rancountered with fyve or six honest men goeing to Kirkcudbryght, he with the troupperis tooke them and brought them bak to the hous of Johne Maxwell of Mylnetoune, his brother, and tooke them, sworne they should nevir lift armes againes the erle of Nithisdaill nor himselff, and he or his troupperis took ther armes frome them; lykas the said Williame warned so many of the paroshineris as he met with that they should not ryse in armes with any bot be reddie upone the Lord Nithisdaillis advertisement; and farder the said Williame sent for George Levingstoune, who wes appoyntit captane of the paroshine of Balmaghie by the committee of the schyre, and told George that the Lord Nithisdaill had maid the said Williame captane of the said paroshe and thairfore discharged George to lift any men for the use of the countrey; and farder the said Williame knew be ane lettere frome the Lord Herreis that the erle of Nithisdaill and some uther noblemen were to come to Drumfreis with some commissioune from his matie, and that the Lord Herreis did wreitt to the said Williame to come to him to goe alongis with him in that bussines, quhilk accordinglie he did; may be ane relevant dittay to inferr a punishment and what the punishment shall be, whither treason, capitall punishment or any uther arbitrarie punishment or censure the parliament pleases to inflict. And this quere being presentit be the judges to the estates of parliament and being red in audience of the parliament, remittit to the consideratioune of the severall bodies and thereftir returneit in parliament, red and considderit be the estates, they fand the poyntes of the dittay conteined in the quere abovewrittin as the same is qualified relevant to inferr the punishment of forfaltour of lyff, landis and guidis, quhairupone the judges deligatt abovenamit, haveing red, considdered and advysed the dittay abovementionat with the defenses, answers and replyes hinc inde given for eleyding and in fortificatioun of the said dittay, with the probatioune deduced be the procurators of estate in the bussines, togither with the foresaid interloquutor of parliament anent the quere abonementionat, and they being thairwith and haill premises abovespecifeit weill and rypelie advyseit, the saidis judges deligat did this day mak ther reporte in audience of the parliament anent their procedor in the premise and what they had fund thairintill and produced the samyne reporte in writt, subscribit be the president of that commissioune, with the foresaid dittay, defenses, answers, duplyes and haill remanent proces and probatioune led and deduced in the said mater. Quhilk reporte being red in audience of the parliament and the samyne hard, seene and considdered be the estates of parliament, and they therwith being weill and rypelie advysed, the saidis estates of parliament findis, decernis and declaires that the said Williame Maxwell of Midkeltoune hes incurred the paine and punishment of treasone, viz: tinsall and forfaltor of lyff, landis and guidis to be converted and applyed to the use of the publict for his concurring with the erle of Montrose and his associates and complices in the said southerne invasione and his countenanceing, fortifieing and supplieing of him thairin, in sua farr as upone the Sunday the fourtene of Apprile last the said Williame did meet at the Lord Herreis hous of Terreglis with the Lord Herreis, quhair the Lord Herreis acquanted him that the erle of Nithisdaill wes comeing in against the countrey with some forces and desyred the said Williame to goe alongis with him to assist him, quhilk the said Williame did, and went that night with the Lord Herreis and the rest of his freindis to the bankheid and stayed ther all night till the morrow (being Monday at ten or ellevin of the clok) at what tyme the lordis of Aboyne and Ogilvie came upe with the English forces and than the said Lord Herreis and the rest of his freindis went alongis with them fra the bankheid and stayed with them quhill the toune of Drumfreis wes randered, and thereftir went bak againe with the Lord Herreis to the bankheid and returned bak that same night to Drumfreis, and that upone the Tuysday thereftir the intaking of the toune and efter a meeting had betuixt the Lord Montrose, the lordis Nithisdaill and Herreis and the rest of the noblemen and a number of ther freindis and associattis (whairof the said Williame wes one), and efter a propositioune maid to them that they behoved to raise some forces and for that effect that captanes be appoynted of paroshines to raise and bring in men, the said Williame wes then appoynted to be captane of the two paroshines of Balmagie and Keltoune, and the said Williame upone the Weddinsday thereftir, accompanied with Johne Maxwell, youngar, of Mylnetoune, warneit so many of the paroshineris as he mett with that they should not ryse in armes with any bot be reddie upone the Lord Nithisdaillis advertisement; lykas the said Williame upone Thursday thereftir, finding Adame McMyne, Johne Haliday, Thomas McGill, James Aikine and Thomas Maxwell, paroshineris of Keltoune goeing to Kirkcudbryght, the said Williame with some armed men and English troupperis took them all and brought them bak to his brotheris hous in Mylnetoune and took them, sworne that they should never lift armes against the king, the erle of Nithisdaill nor the said Williame swa long as they stayed in ther land and the said troupperis that came alongis with him, took the armes frome them, and that the said Williame declared to Robert Kirk that the Lord Nithisdaill had maid him captane of the parroshines of Balmaghie and Keltoune and therfore desyred the said Robert that he should raise no men out of these paroschines againes the Lord Nithisdaill leist it should turne to his harme, and that the said Williame send for the said George Levingstoune, who wes appoynted captane of the paroshine of Ballmaghie be the committee of the schyre, and efter that the said George had come to the said Williame, his hous, the said Williame told him that the Lord Nithisdaill had made him captane of the paroshine of Balmagie and thairfore discharged the said George to lift any men for the use of the countrey; and farder the said Williame knew be ane lettere frome the Lord Herreis that the erle of Nithisdaill and some uther noblemen were to come in to Drumfreis with some commissioune frome his matie and that the said Lord Herreis did wreit to the said Williame to come to him to goe alongis with him in that bussines, whilk accordinglie he did; and farder the said Williame, efter the malignant pertie had fled frome Drumfreis, he for securitie of his lyff retired with them to Carleill, whair he remained a certane space; quhilkis haill particularis foresaidis done and committit be the said Williame are all fund sufficientlie instructit, verifeit and proven in the foresaid reporte produced be the said Williame, his awne depositioune and be ane paper produced acknawledged be the said Williame to be all writtin with his owne hand, and thairfore the saides estates of parliament findis and declaires that the said Williame Maxwell of Midkeltoune, his haill landis, heretages, guidis, geir and estate is to be applyed to the use of the publict and for releefe of the publict burdinges, and ordeanes the samyne to be applyed and converted for that effect, and als decernis and ordaines the said Williame Maxwell of Midkeltoune, his head to be stricken of frome his bodie at the mercate croce of Edinburgh upone Fryday nixt the [...] day of [...] at tua houris in the afternoone, and ordaines his armes to be rent and revine at the said mercate croce of Edinburgh immediatlie before his head be stricken frome his bodie, and the saids armes to be rent and revine be ane herald. Quhilk decreete and sentence of forfaltor, being publictlie red in audience of the parliament, the samen wes pronuncit and given furth for doome be the mouth of Johne Mylne, dempstar of parliament, the said Williame Maxwell being personallie present, sitting upone his knees in presence of the parliament in the place appoyntit for delinquentis. Quhairupone the said Mr Thomas Nicolsone, advocat, ane of the procurators for the estates, personallie present, askit instrumentis.
[1644/6/337]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveened be vertew of the last act of the last parliament holden be his matie and thrie estates in anno 1641, ratifies and approves the contract of wodset of the landis of Fawsyde, with the mylne, mylnelands, multors, houses and pertinentis therof, lyand within the lordschip of Gordoune and sherefdome of Berwick, of the daite the 29 day of December 1629 yeeres, quherby James Mowat of Fawsyde, wryttar in Edinburgh, with consent of Jeane Chirnesyde, his spous, disponit the foirsaidis landis and mylne to Mr Rodger Mowat of Drumbrek, advocat, under reversioune of the soume of foure thousand, sevin hundreth merkis and annualrentis therof, togidder with the chartour granted to the said Mr Rodger Mowat upone the foirsaid contract, of the daite therof, with the instrument of seasing following therupone, of the daite the 22 day of Merch 1630 yeeres, registrat the third of Apryle that yeere, togither also with ane absolute dispositioune of the foirsaidis lands and mylne, conteining ane renunciatioune and dischairge of the foirsaid reversioune grantit and subscibed be the said James to and in favours of the said Mr Rodger Mowat, his aires and assigneys, daittit the 18 of July 1644, togither lykwayes with the contract of the daite the last of Junii and 2 of Julii 1623, registrat in the buiks of counsall upone the 6 of December 1633, maid betuixt umqhile Mr Alexander Seatoune of Gargunnok and Mr James Seytoune, his brother, and the uther persones, consenteris therin, on the ane part and the said James Mowat on the uther pairt anent the alienatioune to him of the foirsaidis lands of Fawsyde lyand as said is, conteining ane procuratorie of resignatioun therintill, with the instrument of resignatioun following theron, of the daite the 28 of Maii 1634, tane upone the resignatioun of the foirsaids landis and mylne in the handis of George, marques of Huntlie, superiour therof, in favours and for chartor and infeftment of the samen to be granted to the said James Mowat, togither with the chartour granted therupone be the said marques of Huntlie, superior of the foirsaids landis and mylne, of the dait of the said instrument of resignatioun, with the instrument of seasing given to the said James Mowat upone the said chartor and precept of seasing therincontenit, daittit the 16 of August 1624, and registrat at Lawder the 18 of the said moneth and yeere, in the haill heids, articles, clauses, conditiones and obleismentis respective mentionat in the foirsaids dispositiones, rights and infeftments and conforme to the tennours therof and ilk ane of thame in all poyntis. And the estaites of parliament declaires this present ratificatioun therof to be als valied and effectuall in all respectes as if the rightes and writtis heerby ratified were insert verbatim heirintill, quheranent they dispense be thir presents; and findis and declaires that this present ratificatioun, with the foirsaid dispositiones, chartours, infefments and otheris rightis heerby ratified, salbe sufficient and valyde titles to the said Mr Rodger Mowat and his foirsaidis for brukeing and possessing the saidis landis and mylne therinspeit, conforme to the tennours of the saidis rightes and infeftmentes in all tymecomeing.
[1644/6/338]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, considering that in this present sessioune of parliament there are many particulare actes and actes of ratificatione made in favours of particulare persones which may be prejudiciall to the pairties haveand interest and not heard, albeit the meaneing of the estates be at this tyme, as it wes evir in all preceeding parliamentes, that by no particulare act or act of ratificatioune granted to ony particular persone any other pairties should be hurt or prejudged of ther laufull rightes and defences competent to them of the law. For remeed wherof, it is statute and ordeaned that no ratificatione nor other particular act quhatsoevir mad in favoures of ony particular persone in this present sessione of parliament be prejudiciall to any other pairties rightes or defences competent to them of the law, but that the saides particular actes and actes of ratificatioune made in favoures of particular persones be allwayes wnderstood salvo jure cujuslibet.
[1644/6/339]*[print] [email] [cite] [preceding] [following]
The estates of parliament, presentlie conveend by vertue of the last act of the last parliament haldine be his matie and thrie estates in anno 1641, continowes this present parliament and all sommonds, proces, materes and actiones belonging therto while the first Tuysday of Januarii nixtocome, at the which day, or sooner as the committie of estates or quorum therof shall appoint, ordeanes the whole estates to be present and to attend at Edinburgh or quher it shall happine the samene to be holdine for the tyme. And in the meane tyme the estates declaires this present parliament current to the day foirsaid and ordeanes the whole actes and statutes made and concludit in this sessioune of parliament to stand and have the force and strenth of lawes and acts of parliament conforme to the tennores therof sickelyke as any actes and statutes of any preceeding parliamentes in ony tyme bygone. And als the saides estates of parliament ordeanes the lordes of sessioun and whole memberes therof to conveene and sit for administratioune of justice at the ordinary tymes and dyetes appoynted, notwithstanding of the sitting of the parliament within any of the tymes appoynted for sitting of the sessioun, wheranent the saides estates be thir presentes dispenss. And the estates ordeanes the clerkes of sessioune to give out continowationes to the leiges wpoun all such sommondes wherof the dayes of compeirance are bypast, within the tymes appoynted for sitting of the sessioun, albeit the sessioun doe not sit, sicklyke and in the samene maner as if the sessioun wer sitting; and ordeanes publict proclamatioune to be made heirof at the mercate croce of Edinburgh by sound of trumpet.†