96 dies parliamenti
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Prayeris said, rollis called.
Forsamekle as the estates of parliament, now conveened in this sext session of the first trienniall parliament, haveing hard and considered the petition represented to them in the behalfe of some barrons, gentlemen and uthers fewars of the kirklandis within the kingdome, desyring the actis of parliament formarlie made anent the superioritie of kirklandis to be ratified and that the parliament wald declare all infeftmentis, commissions and bailliaries for entering of vassells granted or to be granted utherwayis then in exchecker to be nwll be way of exception or reply, except allanerlie in sa far as the samen may be extendit to the few fermes and few maills of the saids kirklandis in maner contenit in the act of parliament made in anno 1633, and with the reservatiounes and exceptions contenit in that act and in the uther act of parliament in anno 1641; as also to discharge the lordis of exchecker from passing of anie signators or infeftmentis intymcoming of the saids superiorities or anie tackis, commissions or bailliaries for entering of vassells, except allanerlie as that be the saids signators the pairteis haveand richt may clame the few fermes and few dewteis adebted be the vassells and utheris subjectis of the foresaids kirklandis, as that suplication mair fullie beirs. The saidis estates hes remitted and doe heirby remitt all bygane infeftments and richtis of superiorities of kirklandis alreadie past the exchecker and great seall since the yeir of God jM vjC threttie thrie yeirs to the decision of the lordis of session, to be hard, considered and discust be them prout de jure, and alse the estates hes remitted and doe heirby remitt the discussing and decision of all warrandis alreadie granted be his majestie to particular persones for entering of vassells to anie kirklandis (whither the samen warrandis be granted by name of tak, commission, bailliarie or anie way of deputatioune) to the lords of session, to be decyded be them prout de jure; and the estates declares that the superiors and vassells respective foresaids ar left in statu quo they wer before the making of this act, unprejudgit or helpit by the remitting of ther infeftments, richtis, warrandis, takis, commissions and uthers abonementioned to the judges ordinar prout de jure, conforme to the foresaids tua articles abonerehearsed. And siclyik the estates of parliament findis and declares that the lords of exchecker and keipars of the sealls sall not have anie power to grant or pas heireftir anie new groundis†, richtis or infeftmentis of the superiorities of the foresaids kirklandis, and therfore the estates doe heirby discharge the thesaurer principall and deputie and remanent lordis of exchecker and keipars of the sealls from all passing and expeding anie new grauntis, richtis or infeftments of anie of the foresaids superiorities of the saids kirklandis, and from all passing of anie warrandis, takis, commissions, bailliaries or deputatioune for entering of vassells therto. And for these superiors and vassells of kirklandis contenit in the first and second articles abonementioned remitted to the said ordinar judge prout de jure, the estates leivis them in statu quo they wer before the making of this act, unprejudged or helped as is aforesaid; excepting alwayis from the said restraint the signator granted to the erle of Eglintoune and Lord Montgumrie of the abbacie of Kilwyning, with this declaration alwayis: that if the exchecker sall please to pas the said signator of Kilwyning the same salbe without prejudice to the lairdis of Blair, Montgrenan, Ashenyairdis, Hill of Baith, Hapland and Maynis Hill and all others who hes not consented nor will consent to the suplication given in be the vassells of Kilwyning desyring to hald of the saids noble lords, all whiche persones so excepted ar allowed to enter presentlie and in all tymcomeing be the exchecker to anie lands haldin of the said abbacie of Kilwyning. And with this speciall declaration also: that the passing of the said signator or richt in exchecker (if it salbe done) sall neither prejudge nor helpe the same, bot that the same is and salbe remitted to the judge ordinar foresaid in maner abonewrittin, to be tryed and discust be them prout de jure. And this especiallie inrespect the erle of Eglintoune and Lord Montgumrie hes the consent of the most pairt of the vassells who hes ane greater commoditie and ease by entering be the said erle and his sone then by the exchecker, for they ar content to entir bothe airs and singular successors without anie benefite saife onlie the double of the few dewtie, and ar obleist to dispone the vassells lyverent escheit for foure merks of everie hundreth merks of rent. And the estates of parliament, for good cause and particular consideration, declares that the first article of this act doeth not militat against the lands of Lurg, Kincardine or sevinten aikers of land of Culross, sumtyme perteining to the abbacie of Culross, nor to the few fermes or superiorities therof whiche ar nawayis to fall within the compas of anie article of this act, bot notwithstanding therof speciallie reserved in full force, strenth and effect, exceptand from this present act quhatsumevir dotatiounes or mortificatiounes perteining to his majesties royall burrowis, and declares the samen nowayis to be comprehended within this present act bot to be excluded therfra and from the act of parliament 1633 cap. 14, and declares the infeftments, mortificatiounes and uthers richtis, giftis and securities therof made to them and in ther favors to be gude, valide richtis and securities to them and ther successors for bruiking of the haill rentis, annuelrents, superiorities and all uthers therincontenit, conforme to the tenors therof in all points.
And alse the estates discharges the exchecker of passing anie new signators or richtis of bailliaries (quherof thair hes not bene formar richtis) comprehending servitudis or entering of vassells. And siclyik the saidis estates remittis and recommendis to the committie of estates to set doune suche small rates and pryces for the entering of meane and pettie vassells of kirklandis as the committie sall find expedient for the ease of the saids vassells anent ther entrie to the saids landis, passing and expeding of the writtis and sealls therof; and ordanis the committie to report the samen to the nixt session of parliament.
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The quhilk day Archbald, marques of Argyle, in presens and face of parliament, declared for and in the behalfe of Williame, erle of Lothiane that he was absent furth of this kingdome reipublice causa, imployed be the estats of the kingdome, and thairupon asked instrumentis, and, inrespect therof, protested for and in name and behalfe of the said erle of Lothiane that nothing done in this parliament since his absence in the employment foresaid sould prejudge him anent his richtis, liberties and priviledges quhatsomevir, and desyred that protestatioune sould be admitted. Quhilk desire and protestatioune the estats fand ressonable and admitted the same.
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The estates of parliament, haveing takine to ther consideration that Alexander, erle of Levin, lord Balgony hathe since the begining of the troubles of this kingdome bene employed these nyne yeirs bygane as generall and commander in chiefe over all the forces, horse and foote, within this kingdome and sent into England and Ireland for advancing the work of reformatioune of religion and promoveing the endis of the Solemne League and Covenant, and that in all and everie ane of these imploymentis (whiche God hathe blessed with happie succes) he hath evidentlie manifested his grave wisdome, vigilancie and indefatigable panes, constant fidelitie, gallant conduct and everie gift desireable in ane great leader of armies to the kingdomes great satisfaction and his awne perpetuall honor, therfore the saidis estates doe heirby allow and approve the said noble erle, Lord Generall Levin, his whole cariage and honorable deportment in the said charge and trust with this testimonie: that he hath therby deserved this approbatioune with the returne of ther publict acknowledgment of thankfulnes to be recordit as ane memoriall of honor to posteritie, and have ordered that ane jewell of the value of ten thousand merks Scotis, with the pension alreadie established upon him be act, sall be given to him as ane small token of that great respect whiche they carie to his worth, valor and merite.
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Forsamekle as the estates of parliament, being verie sensible and taking into ther serious consideration the prejudice, skaith and losse quhilk the merchands and traders by sea of this kingdome hes susteand and ar likelie more and more to susteane by these pirats, frigots and friebuters that infests thir coasts, impeding all schippes and barkis from trading, taking the schippis and guidis and killing the men, whiche undoubtedlie will rwine the merchand trade and barre all commerce and benefite by sea without remeid be provyded for the same; for remeid quherof the estates of parliament have thocht fitt and ordanis that thair be two sufficient shippis of warre (eache of them at least carieing auchtene peece of ordinance, and ilk schip haveing aboard thriescore sufficient mariners and souldiors, togidder with ane pinage to attend the saids shippis) of ten peece of ordinance and threttie men presentlie furneist and outreiked for guarding of the sea coasts, safetie of the merchandis shippis and barkis and suppressing of the foresaids pirats and friebuters; and that the foresaids shippis and pinage be conduced with and takine on for the space of thrie monethis to the effect aforesaid. And the estate appointis and ordanis Archbald Syidserfe, baillie and commissionar for the burgh of Edinburgh, George Gardine, commissionar for the burgh of Bruntyland, and Robert Whyte, commissionar for the burgh of Kirkcaldie, with all diligence to provyde the foresaids shippis and pinage of the burden abonespecefeit, with sufficient mariners, souldiors and ordinance respective beforerehearsed, and to outreik, conduce and tak them on for the space of thrie monethis to the effect abonewrittin. And gives heirby power and warrand to the said Archibald Syidserfe and the uther tua commissionars abonenamed if neid beis to command and press schippis and men for this service as they sall find necessitie. And ordanis the generall of artilliarie to give sick ordinance with ball correspondent as salbe fund necessar for outreiking of the saids two shippis and pinage and as the said Archbald Syidserfe sall desire and demand for that effect. And ordanis all diligence and expedition possible to be done and care and panes to be tane for outreiking of the foresaids two schippis and pinage for the service foresaid and all and everie one having interest to be assisting therintill. And the estates, haveing also tane in consideration the expenses of interteaning of the foresaid two schippis and pinage during the space foresaid, they find the expenses therof will extend monethlie to fyve hundereth pund sterling, inde for the saidis thrie monethis to fyiften hundereth pund sterling, quhilk sowme they ordane to be provided and payed as followis, viz: the erle of Crawfuird Lindsey, principall thesaurer, offered of his awne frie will to provyde and advance the sowme of twa hundereth and fyiftie pund sterling out of his awne propper moneyis upon publict securitie, and ordanis the thesaurer of the excise to advance presentlie the sowme of uther tua hundereth and fyiftie pund sterling, quhilk compleitis the first monethis pay of the thrie monethis abonementioned, and quhilks tua sowmes the estats ordanis the erle of Crawfuird Lindsey, thesaurer, of his awne consent and James Stewart, thesaurer of the excise, presentlie to advance and pay to the said Archbald Syidserfe upon his ticket of recept, to be imployed be him to the effect abonespecefeit. And the estates gives heirby precept and warrand to the said James Stuart for this effect, and alse ordanis the generall commissar to doe all diligence for getting in and making up of the uther two monethis pay, extending to ane thousand pund sterling, and to pay the samen to the said Archbald Syidserfe upon his ticket of recept out of the remander of the first monethis mantenance yit unpayit and not assigned to be imployed be the said Archbald to the effect beforerehearsed.
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The estates of parliament, haveing hard and considered the report of that committie appointed for condiscending upon some effectuall wayis for payment of the sowmes dew and adebted be the publict to Generall Major Midletoune, Mr Robert Farquhar, the erle of Findlater, Sir James Fraser, George Jamesone and Johne Sempill, they find that thair is dew to Generall Major Johne Midletoune fourtie fyve thousand, sevin hundereth fourscore pundis Scottis; Item, to Mr Robert Farquhar ane hundereth thriescore twell thousand, four hundreth fourscore nyne punds 17 sh. Scotis; Item, to James, erle of Findlater aucht thousand, foure hundreth fyiftie tua punds Scotis; Item, to Sir James Fraser auchten thousand punds Scotis; Item, to George Jamesone threttie tua thousand pundis Scotis or therby; and [to] the said Johne Sempill the sowme of sexten thousand punds Scotis. And heirwith also considering that the formar assignements granted to the persones abonenamed towardis ther payment respective of the sowmes foresaids out of the borrowed moneyis is become useles to them, borrowing being now discharged except fra some few contenit in the act of the committie of estats, the saidis estates of parliament doe therfore heirby, in supplie to the persones abonenamed of ther formar assignations out of the borrowed moneyis, ordane and appoint the sowme of two thousand pund sterling to be payed to them and ilk ane of them according to the division and proportion eftirspecefeit out of the monethlie mantenance and excise of the kingdome at what tyme, so soone and when the parliament of England sall mak payment to this kingdome of what sowmes they sall condiscend and pay monethlie or utherwayis for the supplie and toward the mantenance of the armie and forces keipt up within this kingdome, quhilk tuo thousand pund sterling the estates ordanis to be payed to the persones abonenamed out of the monethlie mantenance and excise foresaid at the tyme abonementioned according to this division, viz: to Generall Major Midletoune 700 lib. sterling; to Mr Robert Farquhar 600 lib. sterling; to the erle of Findlater 100 lib. sterling; to Sir James Fraser 250 lib. sterling; to George Jamesone 200 lib. sterling and to Johne Sempill 150 lib. sterling, with this express provision: that what salbe fund uplifted or intrometted with of anie publict dewis or moneyis belonging to the publict be the persones abonenamed and applyed to ther awne propper use in satisfaction of ther severall sowmes dew to them be the publict, the samen publict dewis and sowmes sua uplifted and applyed be them to ther awne use as said is salbe compted and allowed to them in pairt of payment of the sowmes abonementioned dew and appointed to be payit to them in maner beforerehearsed. And the estates declares that this present act is alwayis but prejudice to the generall commissar of the formar actis granted in his favors, and alse ordanis the sowmes abonementioned appointed to be payed to the persones abonenamed according to the proportion beforerehearsed, to be payed to them monethlie out of the monethlie mantenance and excise of this kingdome so soone and when anie money salbe receaved from the parliament of England toward the supplie and intertinement of the foresaid armie, and monethlie thereftir during the tyme that the parliament of England sall continwe that supplie and pay the same to this kingdome.
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The estates of parliament, considering that by the 30 act of the parliament haldin at Edinburgh in anno 1641 thair was commission granted be the kingis majestie and the estates of parliament to the commissionars therinnominat and quorum therof contenit in the said act for plantatioune of kirkis and valuatioune of teindis in maner therin provydit; lykeas in the first session of this parliament in anno 1644 the samen commission for plantatioune of kirks and valuatioune of teindis was renewed and, for furtherance and discharge of the said commission, some persones wer nominat in place of these deceist and uthers additt therto in maner specefeit in the said act; and the estats haveing reveised the saids commissions in annis 1641 and 1644 respective they find that Mr George Douglas of Bonjedburcht and Sir Dougall Campbell of Auchinbrek ar deceist sen the renewing of the said commission, and that Sir William Cunynghame of Caprington, lykewise one in that commission, is classed for his complyance with the rebells, thairfore the estates of parliament nominatis David Beatton of Creiche in place of the said Mr George Douglas, Alexander Brodie of that ilk in place of Sir Duncane Campbell of Auchinbrek, and Sir William Cochrane of Cowdoune in place of the said Sir William Cunynghame of Caprington, and Johne, now erle of Lawderdale in place of umquhile Johne, erle of Lawderdaill, his father, and Sir Archbald Jonstoune of Wariestoune, his majesties advocat, in place of the said umquhile Sir Thomas Hope, late advocat to our sovereign lord; and likewyse farder addis foure of eache estate, viz: James, duke of Hamiltoune, Frances, erle of Buccleugh, James, erle of Callender and Johne, lord Bargany for the noblemen; Sir James Lokhart of Lea, Sir Alexander Belshes of Toftis, tua of the lordis of session, Sir Johne Weymis of Bogie and Sir James Foullis of Colington for the barrones; Archbald Syidserf for Edinburgh, Sir Alexander Wedirburne for Dundie, Mr Robert Farquhar for Abirdene and Johne Short for Stirling for the burrowis, to be upon the foresaid commission for plantatioune of kirks and valuatioune of teindis, and be thir presentis ratifies and renewis the said commission and formar act renewing the samen of before with the eik and addition of the persones therinnominat, with the haill power therby granted and haill tenor and effect therof, and to modifie stipendis and appoint localities in maner and to the endis therinmentioned; and grantis the lyke power to the persones respective abonenamed now eikit and additt to the foresaid commission as is granted to the uther commissionars nominat, eikit and additt and† act for renewing therof respective siclyik and in the samen maner in all respectis as if the saids persones had bene nominat and insert in the said commission at the granting therof, and declares and ordanis the quorum in the said commission to be ellevin, there being thrie of eache estate. And, inrespect of the great troubles that hath bene thir yeirs bygane whiche hes occasioned that the pairteis who wer willing to buy could not purches anie right of ther teinds, and heirwith considering that it was his majesties will and pleasur that all heritors sould have ther awne teindis at reasonable rates, thairfore the saidis estates statutis and ordanis that all his majesties subjectis wha hes not bocht ther teindis within the tyme prescryved be the foresaid commission or either of them and ar now willing to buy sall have heirby power and libertie to buy the samen within the space of thrie yeirs eftir the date of thir presentis, conforme to the tenor of the said commission, notwithstanding the terminat tyme therinspecefeit be presscryved. And the saids estates declares that it is laufull to the saids commissionars or ther quorum to proceid in all sumondis and actions intentit or to be intentit at the instance of ony pairtie within the tyme of thrie yeirs eftir the date of this act, and with power to determine therin according to justice as was formarlie, notwithstanding of anie prescription and certificatioune in formar commissions against these wha sall not buy ther awne teindis.
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To all generalls, governors of tounes and otheris officiars and souldiors quhatsomevir be sea or land, and to all judges, justices and magistrats quhatsomevir and others his majesties subjectis quhom these doe or may concerne.
Wheras Mr George Kirk, one of his majesties bedchamber, is be warrand of the parliament of the kingdome of Scotland to repaire to the kingdome of England or anie pairt therof or to his majestie quherevir he salbe for attendance upon his charge and service, these ar therfore to desire yow and everie ane of yow to grant unto him ane frie pass for himselfe, his servands, horse and baggage through your boundis, commandement and jurisdiction and to give them your best aide and concurrence for the furtherance of ther journey and to mak no stopte or trouble to them in ther goeing or comeing.
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The estates of parliament, taking into thair consideration the suplicatioune of Alexander, lord Balcarras and Sir Johne Broune of Fordell, schewing that thair was ane monethis pay ordanit to be given to the officers of ther regiments and ane assignement granted to them for payment therof and of tua gold chayns to Generall Major Midletoune and Sir Johne Broune out of the superplus of the first monethis mantenance, and that the samen superplus of the first monethis mantenance wald not mak up the halfe of the sowme, and therfore desyring that ordor might be given to the generall commissar for payment of the foresaid monethis pay and pryce of the tua gold chaynes abonespecefeit out of the first of the excise or mantenance or by some other effectuall way that the samen may be satisfied, as the suplication more fullie beirs. The saids estates of parliament ordanis the pryces of the foresaids tua gold chaynes, viz: tua thousand, sex hundreth thriescore sex pundis 13 sh. 4 d. for Generall Major Midletounes chayne, and ane thousand, thrie hundereth threttie thrie punds vj sh. 8 d. for Sir Johne Brounes chayne, togither with the monethis pay to the officers of the saids regimentis, viz: 12,435 lib. Scotis for ane English monethis pay to the officers of the Lord Balcarras' regiment, and the sowme of 10,311 lib. for ane English monethis pay to the officers of Sir Johne Brounes regiment, to be payed to the saids Major Generall Midletoune, the Lord Balcarras and Sir Johne Broune and to the officers respective of ther tua regimentis out of the foresaid excise and monethlie mantenance of the kingdome when and so soone as the sowmes for interteining of the forces within this kingdome sall come from England, but prejudice of the act granted in favors of the generall commissar and with reservatioune therof and of formar assignements granted in favors of Generall Major Midletoune and uthers of this date and of sick uther assignementis as ar granted in favors of some uther persones preceiding this day, quheranent thir presentis salbe a sufficient warrand.
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The estates of parliament ordanis ane letter to be writtin to the parliament of England in favors of Master Kirk, with ane uther in favors of Mr Levingstoune and ane letter for ilk ane of them to the commissionars at London, quhilkis wer accordinglie done, red and approven in parliament.
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The estates of parliament, taking to thair consideration that be the act of classes at St Androis of the aucht of Januar jM vjC fourtie sex yeirs the persones guiltie of anie of the crymes in the first class of that act ar simplie discharged from all places of publict trust and from having place or voyce in parliament, committies, counsell, session, offices of estate, armies within or without the kingdome and from haveing voyce in election of commissionars for shyres or burghes and uthers mentioned in the said act during the continwance of thir troubles and till the peace of the kingdome be setled, as the act beirs, thairfore it is ordered that nane of these persones fund guiltie of the crymes in the first class of the foresaid act be nominat, elected or admitted to be upon anie of the committies of warre of the severall shyres of the kingdome; and if anie sick be alreadie named to be upon anie of the foresaids committies that ar guiltie of anie of the crymes in the first class, the saids estates doe heirby discharge and prohibite these persones to sitt or voyce in anie of the foresaids committies of warre of the saids severall shyres of the kingdome.