The estates of parliament, haveing heard and considdered the reporte of the committee of 33 concerneing the supplicatioun of the merchandis, tradismen and burgesses of the toune of Glasgow, representing the body of that toune, given in for thame to the parliament, desyreing that they may injoy ther friedome and priviledge of electioune of thair magistrattis, and that these, thair magistrattis wha sould have had the electioune at Michelmes 1645 and were put frome it, may be presentlie put in and continew magistrattis till Michelmes nixt and than have the electioune at Michelmes nixt for the nixt ensewing yeere, as the supplicatioun and reporte foirsaid beiris at mair lenth. Whilk reporte also beires that the provest and baillies of Glasgow and sundrie utheris wha are cited be the foirsaid supplicatioun, being called befoir the said committee and compeiring, declaired they had nothing to say why the desyre of the bill sould not be granted, bot that they were put in ther offices be the parliament and that it concernit the parliament to look to it. The saidis estates, efter consideratioune of the foirsaid supplicatioune and desyre therof and haill mater, baith anent the present magistrattis and councell of Glasgow and uthers office beareris therintill and ther dissobedience to the commandis of the parliament anent the present levie, and these magistrattis and councell of Glasgow that were put out fra ther offices in anno 1645, and anent baith ther cariages respective, and, efter full debate and voyceing theranent, discharges all such of the present magistrattis and councell of the toune of Glasgow and uther office beareris therintill wha did refuse to give obedience to the actis of parliament off ther places in bearing office as magistrattis and councellors of the toune of Glasgow or any uther office therin, and declaires the places of these wha did refuis as said is voyd; and ordaines the old magistrattis and councell of the toune of Glasgow wha were in chairge in anno 1645, with such of the present magistrattis and councell of that toune wha gave or were willing to give obedience to the actis of parliament, to mak ane new frie electioune of magistrattis, councell and uther office beareris for that toune. And for this effect ordaines thame to meit ther upone Weddinsday nixt, the 14th of this instant, for making choyse of the magistrattis, councell and uther office beareris of the said toune of Glasgow, but prejudice to the duke of Lennox of his right of electioune of the provest of the said burgh, as also but prejudice to the toune of Glasgow of ther friedome and liberties unprejudged heirby. And als the estates of parliament be thir presentis releases and dismisses all these magistrattis and councellors of the toune of Glasgow with Mr Johne Spreull, toune clerk, wha were incarcerate in the tolbuith of Edinburgh and thereftir confyned in the toune of Edinburgh and portis therof by warrand of the parliament and ther committees respective frome ther imprisonment and confynement foresaid, and doe heirby liberate and declaire them frie therof to repaire home to ther owne houses and dwellingis for doeing of ther lawfull effaires and bussines, and anent the quhilks premises the estates declaires thir presentis sall be ane sufficient warrand.
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The estates of parliament, taking to ther serious consideratioun the hinderance that is maid to the present levie and expeditioune by the runing away of the heretors, vassells, tennentis and ther servandis respective furth of the severall paroshes, burghis and schyres of the kingdome whair they have ther being or remaneing, and by the scheltering and resetting of thame in uther pairtis, burghis and schyres therof, they, for remeid heirof, renewis, revives and ratifies the actis of parliament formerlie maid against runawayes and ther resetteris and against these deficient in puting out of ther men, horse and foote for the publict service, viz: the 2 act maid in the first sessioune of the first trienniall parliament of the 14 Junii 1644 anent these who are or sall be fund fugitives and runawayes frome ther companyes and cullors, with the act of the 25 of Junii 1644 maid in that same sessioune of parliament for puting out of horse and foote and anent these deficient therintill; item, the 3 act maid in the 2 sessioune of the first trienniall parliament of the 24 of Januar 1645 anent deficientis and runawayes, with the 2 act maid in the 5 sessioune of the said trienniall parliament of the 18 December 1645 against the recepteris of runawayes; item, the 19 act maid in the 6 sessioune of the first trienniall parliament of the 25 Februar 1647 againes runawayes and ther recepteris, with the 26 act of the same sessioune of parliament of the 15 Merch 1647 also maid against runawayes and ther recepteris; and ordaines the samyne actis respective abonewrittin, with the severall certificatiounes and penalties therincontenit, to stand in full force and to be put to executioun, conforme to the tennoris therof againes these deficient and wha are runawayes and fugitives fra ther parishes, burghis and shires to the hinderance of this present levie and expeditioune, and declaires the severall penalties and certificatiounes respective to be by and attor the outputting of horse and men, conforme to the actes maid for that effect, with this farder additioune: that all these heretors, vassellis, rentalleris, takismen and tennentis wha sall flie and run out of the severall paroshes, burghis [and shyres where they have their being, residence and remaining shall by their flying and running out thereof to any other parishes, burghs]† or shyires of the kingdome in prejudice and hinderance of this present levie in these paroshes, burghis and shyres respective whair they have ther remaneing as said is amitt, tyne and loss ipso facto ther fewis, takis, rentallis and uthers rightis they have maid and pertening to thame or to ther predicessors to whome they may succeid of any lands, tenementis, houses and uthers in the saids paroshes, burghis and schyres out of the quhilk they flie and runes away in prejudice foirsaid, by and attor the incurring and peyment respective of the certificatiounes and penalties contenit in the foirsaidis former actis now heirby renewed and ratified. And with this additioune also: that if any wha are or sall be designed to goe out in this expeditioune sall flie fra the schyres, paroshes or burghis whair they are designit and sall not returne within 24 hours efter the proclamatioun heirof at the said burgh of that shire quhair they are designit (or within fyve dayes being in remoter shyres) [they] sall be hanged to death. And ordaines publict proclamatioun to be maid heirof at the mercate croces of the heid burghis of the kingdome and at the kirk doores of the severall paroshes therof, that nane pretend ignorance of the samyne.
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The estates of parliament now conveened, considdering how necessarie it is to establish ther union in the preservatioune and mantenance of religion, lawes and liberties of this kingdome and of his maties authoritie, and to prevent all factiones, contentiones and divisiounes which may arryse in prejudice therof frome malicious suggestiounes and misinformatiounes of ther adversaries, doe heirby testifie and declaire thaire resolutioune and obligatioune to acknawledge this present parliament to have bene and to be a frie and lawfull parliament. Lykas they bind and obleidge themeselves upone ther honors and credite, and as they desyre to be, and to be holden true loveris of ther countrey and of the religion, lawes and liberties therof efauldlie and faithfullie to the uttermost of ther power, to joyne and concurr with ther persones and estates, everie ane according to thair severall stationes and callinges, in the mantenance of the friedome and laufulnes of this foirsaid parliament, and in the advancement, furtherance and assistance of the executioun, obedience and observatioune of the actis and constitutiounes therof as the most fitt and necessarie remedies of the bygane and present evillis and distractiones of this kirk and kingdome, and for the preservatioune of religion, lawes and liberties therof, and of his maties authoritie; and have ordained and ordaines this present act to be subscryved by all the memberis of parliament present and absent and by all noblemen, barrones, burgesses and all uther subjectis and inhabitantis of the kingdome in thair shires and burrowes as they sall be directed by the commissioneris of parliament left at Edinburgh and to be reported to the clerk betuixt and the first day of August nixtocome, with certificatioun to suche as refuise or postpone and delay to subscryve the samyne, [that they] sall be holden as enemies and opposites to the commoune caus, consisting in the mantenance of the trew reformed religione and of the lawis and liberties of this kingdome and his maties authoritie.
[1648/3/219]*[print] [email] [cite] [preceding] [following]
The estates of parliament, haveing tane into consideratioune the severall petitiones presented to thame frome the committees of warr of some shires for delayeing the present levyes untill satisfactioune be given to the desyres of the ministeris, do returne this anser:
That as to the desyres of the ministeris (tho many of thame are absolutelie civill), yit they have (besydes ther former ansers) of new returned to thame that which ought to satisfie.
Wee have againe seriouslie weighed our dangeris as to religion, his maties sacred persone and posteritie and the saifety of this kingdome, and finding thame daylie growing wee sould betray the trust layd on ws if wee sould not mak use of the power God hes put in our handis and goe activelie about our dewties in relatioune therto. Thairfore whosoever obstructis this present levie, wee cannot bot look upone thame as malignantis and will proceed against thame accordinglie. And wee doe therfore requyre yow (as yow will anser at your hiest perrellis) to goe activelie about the trustis layd upone yow for putting out the foote and horse within your schire according to former ordors of parliament and as yow sall be requyred be the committee of estates. And wee doe assure yow (whatsoever yow may heare to the contrarie) that wee have nothing befoir our eyes in this present undertaking bot the preservatioune and good of religioune and the endeavouring and the setling of it in England and Ireland, according to the covenant in the first place, and befoir all worldlie respectis, his maties rescue frome his base imprisonment, his reestablishment upone his throne in all his just poweris, the saifety of this kingdome frome dangeris on all handis, and the preservatioune of the union and brotherly correspondence betuixt the kingdomes under the government of his matie and of his royall posteritie according to the covenant.
[1648/3/220]*[print] [email] [cite] [preceding] [following]
The estates of parliament, finding by the petitiones presented to thame by the severall synodis and presbytries that ther present proceedingis for the good of religion, his maties rescue and saifety and the true peace of these kingdomes is much misconstrued and misunderstood, they have thought fitt to declaire for the satisfactioune of all suche as are satisfieable that in ther undertakinges at this tyme they sall preferr no earthlie consideratioune to their dewties for preserveing religion in Scotland in doctrine, worship, discipline and government as it is alreddie established and for endeavouring to setle [it] in England and Ireland according to the covenant. And as wee cannot with saifety to our consciences and honors live and suffer our king to continew in his base imprisonment, so our undertaking for him sall ever be subordinat to religion and to our dewties to God. And in the persewance of these endis, as wee sall imploy nane in our armie bot such as have signed the Solemn League and Covenant and such againest whome ther is no just caus of exceptioune, so wee sall associat with none bot such as will ingadge themselves to be faithfull to the endis of the covenant. And our undertaking sall not be in anywayes against the kingdome of England or to break the uneon betweene the two nationes, bot only for reformatioun and defence of religion, the honour and happines of the king and his royall posteritie and the peace and saifety of these kingdomes against such who have destroyed religion and imprisoned our king. And certanelie when they have brought ther intendit confusioune in England to pas both in church and staite, wee cannot hope for saifety [here] whatsoever ther professioune may now be. Thairfore wee are resolved to proceid in this levie in a vigorous doeing of our dewteis, and wee doe expect frome yow and all his maties good subjectis a ready obedience to the commandis of the parliament and committee of estates in persewance therof. And the estates of parliament remittis to the committee of estates to give furth ane more full declaratioun of the great endeavors the parliament hes used and still resolves sall be used to satisfie the desyres of the commissioners of the generall assemblie and to anser ther paper given in this day to the parliament. And ordaines this act to be printed and published and sent be the committee of estates to the severall presbytries.
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The estates of parliament, haveing taken to consideratioune that some difficultie hes occurred in the prosecutioune of his maties royall intentioune of changeing of waird holdinges in few for the weill of his subjectis, conforme to the twa commissiounes granted be his matie theranent, both ratified in parliament in Januar 1647, and that the said difficultie hes rysen upone that ground that dyverse of his maties subjectis, holding landis of his matie or of the prince waird or few cum maritagio, holdis also uther landis of uther superiors waird, wha, whilst ther vassellis held landis waird or few cum maritagio of his matie or of the prince, could pretend no right to the marriage of their vassellis air when the samyn fell, bot now the wairding holding of his matie or of the prince being changed in few and compositioune and ane yeerlie few dewtie being granted to his matie or the prince for the said waird and mariage, the uther superiors of the said vassellis of whome he holdis waird may contend for the benefeit of the casualitie of the maritage of his vassellis air quhen the samyne fallis out, he being the vassellis eldest superior of whome he holdis waird, whilk wes griveous to the vassell who be this new course of changeing of his holding hes componed both for waird and maritage. Thairfore it is statute and ordained that all vassellis holding waird of his matie or of the prince or holding few cum maritagio who sall heir compone and agree with the commissioneris appoynted be his matie for that effect for changeing of ther holdingis frome waird to few or for renunciatioune of the maritage contenit in ther few infeftmentis, thair aires and successouris in the saidis landis sall be frie of the maritage that can be acclamed be ther uther superiors of landis holden be thame of thair saidis uther superiors waird, and that their saidis uther superiors sall have no right to the maritage of ther aires when the samyne fallis out, no more then they wald have had if the landis holden waird of his matie or of the prince had continewed still waird, bot that the saidis vassellis whose holding sall be changed or who sall compone for ther maritage as said is, thair aires and successors sall bruik ther landis in all tyme thereftir frie of any such burding of maritage. Provyding alwayes, lykas the estates of parliament provydis and declaires, iff the foirsaidis vassellis whose holdings sall be changed as said is and who sall compone for the renunciatioun of the maritage contenit in ther few infeftmentis or ther aires or successors in the saidis landis which once held waird or few cum maritagio sall annnalie and dispone the saidis landis to any uther persone, that then and in that caice the annalier or his aires sall no longer have the benefeit of this present act, bot that notwithstanding of this act, iff they hold any landis waird of any uther superior, that thair superior sall bruke all the benefeit of his superioritie as if this present act had never bene maid. And siclyke the estats of parliament, for the great furtherance of his maties leidges in the way of the changeing of the tennors of the saids waird holdingis or renunceing of the maritage contenit in thair saids few infeftments, ordaines signators to be past to the leidges be the exchekquher on the recommendatioune of the saidis commissioneris of the wairdlandis in ther favouris upone the leidges, ther resignatiounes, for new infeftmentis to be granted to thame bearing the new maner of few holding or bearing the renunciatioun of the said maritage contenit in ther old infeftmentis, as sall be ordained be the saidis commissioneris of the waird landis.
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The estates of parliament, being necessitate to undertake some necessarie dewties for the good of religion, the honor and authoritie of our king and peace of this kingdome, and haveing for the satisfactioune of all his maties good subjectis emitted a declaratioune contening the groundis of the[ir] present resolutiounes and expecting ane humble obedience and heartie concurrance of all his maties good subjectis, especiallie of the ministrie to thir ther pious and loyall undertakinges, yitt they find that contrarie to diverse standing lawis and actis of parliament some of thame are so farr frome giveing obedience therunto that they both in ther sermons inveigh against it and in ther private discourses and utherwayes laboure so farr as is in ther power to stirr up the people to ane open oppositioune against the authoritie and proceedinges of parliament. Nather doe they meet with this obstructioune by particular ministeris, bot also even in these who are now intrusted in the commissioune of the generall assemblie, as will appeare by thair act of the 5th of Junii instant, wherby they doe recommend to the presbytries that if any ministers be found who doe not declaire themselves againes the present ingadgment nor joyne with ther brethrene in the comoune resolutiounes against it nor give publict informatioun to the people of the unlawfulnes therof, they may be referred to the nixt generall assemblie; and if any of thame have alreddie declaired thameselves for it, that they be presentlie censured. Wherby the estates findis that, to the great scandell of reformed religion and presbyteriall government, they doe not only lay a heavie yock on the consciences of ther brethrene, who in conscience of ther dewtie find themselves obleidged to give obedience to the lawes of the kingdome, bot also usurpe a power upone thameselves to be judges of the lawes and of the proceedingis of parliament, who be the fundamentall lawis of the kingdome have in thame the only legislative power, namelie in publict ingadgmentis concerning peace or warr. Thairfore the estates of parliament have thought fitt to requyre and doe heirby requyre all the ministeris within this kingdome, by ther preaching and utherwayes, to exhorte and stirr up ther people to a cheerfull obedience of the lawes of the kingdome, assureing thame heirby that the parliament will (notwithstanding of any proceedings against thame for the samyne by ther authoritie) secure and protect. Lykas the parliament dothe heirby secure to thame during ther lyfetymes ther stipendis, manses, gleibis and houses, and requyres and ordaines all heretors and uthers lyable to the peyment of ther stipendis to continew to pey the same as formerlie to all such as sall give obedience heirunto, and ordaines letters to be direct heirupone chairgeing the heretors for the effect foirsaid.
[1648/3/223]*[print] [email] [cite] [preceding] [following]
The whilk day James, erle of Home, Alexander, lord Halkertoune, Sir Andro Fletcher of Innerpeffer, Sir James Lokhart of Lea and Sir Alexander Wedderburne, judges constitute be the parliament for determineing the mater concerneing the clerkschip of the excyse contravertit betuixt Sir Alexander Gibsone of Durie, clerk register, and James Campbell, produced the decreit given and subscribed be thame theranent and desyred the samyne to be insert and registrat in the buiks of parliament, and to have the strenth and authoritie of ane decreit of parliament interponit therto, whilk the parliament fand reassonable and admitted, quherof the tennor followes: At Edinburgh, the tent day of Junii 1648. Forasmuch as the estates of parliament be thair commissioune of the 8 of Junii instant have given power to the erle of Home, the Lord Halkertoune, Sir Andro Fletcher of Innerpeffer, Sir James Lokhart of Lea, Sir Alexander Wedderburne and Archbald Sydserff to heare and determine the differences betuixt Sir Alexander Gibsone of Durie and James Campbell, wryttar, anent the right acclamed be ather of thame to the clerkschip of excyse, giftis granted therof and objectiounes maid against the same and anser in fortificatioune of the saidis giftis, and hes maid thame or ony foure of thame judges in that pairt, declareing the decreit to be given be thame to be als valide as if the samyne were given be the parliament, as in the said commissioun at mair lenth is contenit; and the persones named to be commissioneris afoirsaid (at leist a quorum therof) haveing mett and accepted the said commissioune upone thame and haveing given ther oathes de fideli administratione, and haveing called and heard the said lord registere and James Campbell upone this bussines, and haveing also seene a deputatioune granted be the lord register to the said James Campbell of the last of Julii 1644 nominating the said James to be clerk to the excyse and to the commission then appoynted theranent, and giveing to him the said place for all the dayes of his lyfetyme (at leist during the tyme of that commissioune and the endureance of the said excyse), and haveing seene another deputatioun of the sixt of Februar 1646 ratifieing the former, and since a new commissioune wes given for fynes, moneyis and excyse all in one and for clearing the said James, his chairge in that commissioune, of new nominating the said James to be clerk to the excyse dureing his lyfetyme, and haveing considdered what was contenit in thair commissioune, and at lenth heard both perties on the haill bussines and being weell advysed therin, the saidis commissioneris doe find and declaire that the twa deputatiounes afoirsaid given be the lord register to the said James Campbell to be clerk to the excyse and either of thame to be now voyd and null notwithstanding of any clauses contenit therin, and that the place of the clerkschip of excyse is vaiccand in the lord registeris hands and that he hes right to nominat and depute whome he pleaseth therunto, and dischairge the said James Campbell to presume to medle any more therwith, and that the commissioneris of excyse ressave and admitt to be clerk to the commissioune of excyse any persone or persones to be of new named and presented therto be the lord registere, and ordaines the saids twa deputatiounes to be keept in retentis untill they give farder ordor theranent. And that this, ther decreit and sentence, be registrat in the buiks of parliament and have the strenth and authoritie of ane decreit of parliament, conforme to the power and commissioune given to thame theranent.
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The estates of parliament, haveing heard and considdered the supplicatioun of the provest, baillies, councell and communitie of the burgh of Perth, shewing that they had contracted debtis and great soumes of money pairtlie for peying of thair proportioune of the gilderis to the factors at Campheir for the ammonitioune furnished be thame to the publict and pairtlie for the continuall quarteringis of gariesones and regimentis passing and repassing frome the south to the north and pairtlie for peying sundrie soumes contracted be them in relatioune to the publict effaires of the kingdome as they were injoyned, and that albeit ther be great soumes of money restand to thame be the publict (whereof no pairt can be expectit at this present), the supplicantis in the behalff of the burgh were constrained to give ther owne personall securitie to ther creditors for payment of thair severall debtis, who are now urgeing to distress the supplicantis for ther soumes; and that the supplicantis, haveing conveened the haill commountie and representative body of the burgh in commoune councell, and haveing considdered upone the meanes of the peyment and releefe of the saidis debtis, they could not find nor know any uther way at this present for ther releefe and peyment except they sould sett ane tak for the space of nyntene yeeres of ther mylnes, fischinges, mure and inches whilk will disburding thame and the burgh of ane considerable pairt of ther debt, whilk tak cannot warrantablie be sett be thame without warrand and approbatioun of parliament; and thairfore desyreing the parliament to take these premises to ther serious consideratioune and to grant warrand and act of parliament to thame for dispenseing with and authorizeing of the said tak and assedatioun to be sett be thame, as the supplicatioun in the selff beires. The saidis estates of parliament findis the desyre of the foirsaid supplicatioun just and reassonable, and thairfore they doe heirby dispense with and give warrand to the supplicantis to sett the foirsaid tak and assedatioune of thair saids mylnes, fischingis, mure and inches during the said space of nyntene yeeres for defrayeing of ane pairt of ther debtis and ingadgmentis afoirsaid, whilk tak swa to be sett be thame for the space and to the effect abonementionat the saidis estates approves, allowes and authorizes, whairanent they declaire thir presents sall be ane sufficient warrand.