[46 dies parlementi]
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Prayers said, rollis called.
The estates of parliament, haveing taken to ther consideratioune ane supplicatioune given in to thame be Alexander, erle of Levin, lord generall, makand mentioune that quhair it pleased the kingis majestie and estaites of parliament to intrust him with the keeping of the castell of Edinburgh, he hes according to that trust bene most cairefull in keeping of the castell for the publict service of the kingdome; and of laite finding it to be so ruinous in the wallis, so unprovydit with victuall and everie uther way in such a conditione as it is most unsecure, and haveing represented the same to the parliament, that course might be taken for the tymeous repairing therof; and rather than the bussines should be neglected, the said erle did willinglie offer that the preceptis drawne upone the generall commissar for such soumes as are therinexprest and dew be the publict to the said erle should be made use of for the speedie repairing of the said castell and he sould patientlie attend the parliamentis further opportunitie for his peyment; yeet nothing being done therin, and the parliament now finding the dangeris threatneing the peace of this kingdome frome abroade to be such as requyres a present levie within the kingdome, the said erle conceaves himselff obleidged in duety againe to represent to the parliament the conditioune of that castle: if the repaireing of that castle and furnishing of it be any langer delayed, this will beare witnes that the said erle hes dischairged his duety and that no blame may be imputed to him; and lykwayes that seing the preceptis are not imployed for the use afoirsaid, that the parliament wald be pleased to mak thame effectual to the said erle if they conceave that his service deserves so much, as at mair lenth is contenit in the said supplicatioune. Whilk being heard and considdered be the saidis estaites of parliament, they have remitted and remittis that member therof anent the payment to the supplicant of his soumes of money contenit in his severall preceptis to the committee appoynted for money, and hes remitted and remittis the uther member of the said supplicatioune anent the repaireing and provyding of the castle of Edinburgh to the lordis and utheris commissioneris for the exchequher, that some speedie and effectual course may be taken be thame respective for payment to the said erle of Levin, supplicant, of the saidis soumes both dew to him be precept and bestowed be him upone the reparatioune of the saids workis.
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The estaites of parliment, haveing receaved ane petitioune given in to thame be George, erle of Caithnes, makand mentioune that quhairas be deceas of umquhill Johne, erle of Rothes, Sir George Hamiltoune of Blaikburne and Sir David Creightoune of Lugtoune, knightis, thrie of his tutors testamentaris, and be George, erle of Seaforth and Johne, lord Sinclair, uther two of the saidis tutoris, ther removeing as he wes informed af this kingdome, he is now left altogither destitute of any to take notice and caire ather of his persone or effairs, so that in all lykliehead in thir troublesome tymes his estaite will ruine for want of some to rightlie manage and governe the same and his persone be left unprovydit, bothe for necessar mantenance and meanes of his educatioune; and thairfore craveing the saidis estaites of parliament, for remeiding and supplieing the death and absence of his saidis tutoris, to take such course for breiding of his persone and preventing the ruine of his estaite as they in ther wisdomes sould think most fitt and expedient, as in the said petitione at mair lenth is contenit. Whilk petitioune the saidis estates, haveing taken to ther serious consideratioune, findis the samyne reassonable, and thairfore during the absence of the said erle, his tutoris, and ay and quhill they dewlie and lawfullie exerce their office of tutorie, the saidis estates, out of consideratioune of the interes of Sir Johne Sinclair of Dumbeath, knight, to the hous of Caithnes and his good affectioune to the said erle and the weill and standing of his house, doe be thir presentis recommend to his caire and oversight the said erle, his persone and educatioune and the inspectioune and oversight of his estaite and effairs, to use his best endeavouris and dilligence that his rentis and dewties be dewlie uplifted and payed and proffitablie imployit to his behoove and applyed to the right use, and that chalmerlanes, factores, baillies and utheris who have any intromissione with and chairge of his said estaite and effaires goe cairefullie and faithfullie about the dischairgeing of ther severall places and dewties, and that chalmerlanes, baillies and utheris concerned sie to the dew labouring and manureing of his landis, payment of his debtis, annuelrentis and uther incident chairges, and whilkis are neidfull for his mantenance and educatioune, and generallie recomending to the said Sir Johne Sinclair to take speciall caire and notice of everie thing concerneing the said erle, his educatioune, persone and estaite whilk may most conduce to the gude therof, provyding alwayes in his breeding he take the advyse, counsall and concurrance of Mr George Leslie, minister at Halyrudhous.
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The estaites of parliament, takand to thair consideratioune that severall ministeris of the Gospell are discouraged and distracted frome ther calling, some for want of competent mantenance, some for want of legall securitie and utheris for want of tymeous and thankfull payment of ther stipendis, and that within thir few yeeres bypast the value of money (or rather the prices of everie thing) have bene so exceedinglie altered and hightned, that stipendis formerlie provyded for ministeris doe altogither prove ineffectuall for ther mantenance. For remedy wherof, the saidis estates, haveing taken in consideratioune the overtures presented unto thame by the committee of overtures, doe thairfore ordaine all parochines where victuall can convenientlie be had to pey to their severall ministeris out of the teyndis of ther paroches eight chalderis victuall at least of the measure mentioned in the act of parliament in anno 1617, and whair victuall cannot so convenientlie be had, that the saidis paroches pay to to their ministeris thrie chalderis victuall and money for the uther fyve chalderis victuall, which compleitis the eight chalder, the samyne not exceeding a hundreth pund nor being beneath a hundreth merkis for each chalder of the said fyve to be so modified by the commissioneris appoynted for plantatioune of kirkis; and where viccarage is payed to ministeris, the samyne to be allowed to thame [proportionally]† in pairt of ther stipend of the quality and quantitie abonespecified respectively. Ordaining also that all ministeris stipendis which doe not yeet extend to the proportioune in quantitie and qualitie respective abovexpressed shall be augmented to the said eight chalderis victuall where it can be had, or utherwayes to thrie chalderis victuall and the remanent in money in maner abonementionat, and that notwithstanding of any former augmentatioune. And incaice ministeris get not thankfull and tymeous payment of their stipendis at the day and tymes of payment appoynted or to be appoynted or within fyftene dayes therefter, that heretors or titularis, one or more, and utheris appoynted to pay the samyne, shall mak payment to thame of a fyft pairt more nor their stipend, but defalcatioune or modificatioune by the lordis of sessioune or any uther judges watsoever, and that by and attoure the expenses of pley to be decerned be the judges competent. And the commissioneris for plantatioune of kirkis are heereby authorized and appoynted to follow this present rule set doune in this act in suche paroches where the foirsaidis stipendis can convenientlie be had, and to judge and determine betuixt the heretors who hes bought ther teyndis or hes standing takis therof, and the titularis, or utheris haveing right to the teyndis, which of thame sall be lyable in payment of the foirsaid augmentatioune, and what proportione therof sall be payed by everie one of thame. Declaireing heerby, to the effect ministeris may have the more effectuall payment of ther stipendis and readie executioune for the samyne, that it sall be laufull to ministeris incaice of not thankfull payment of ther stipends in maner foirsaid to poynd, appryse and distrenzie the readiest moveable guidis and geir upone the ground of any of the landis pertening to the persones deficient in payment of ther stipendis according to the portiounes addebted by them, which poynding and appryseing, being done upone the ground of the landis and by honest sworne men resideing within the boundis of the presbytrie, sall be als sufficient als if the same were done at the mercate croce of the heid burgh of the schire where the landis lyes. And it is further declaired that ministeris stipendis and the provisiones and rentis of universities resting aucheting for thrie yeeres allanerlie sall affect the groundright of the landis of the persones addebtit in payment therof against compryseris or uther singular successoris whatsoever. And becaus notwithstanding former actis of parliament for provyding ministeris manses and gleibes, yet diverse ministeris are not provydit therwith and utheris doe not get ther manses frie at ther entrie, thairfore the saidis estates statute and ordaine that quher compleit manses are not alreddie build, that the heretoris of every paroche (at the sight of thrie ministeris and thrie ruleing elderis to be appoynted by the presbytrie) build competent manses to ther ministeris, the coast and expenses therof not exceeding 1,000 lib. and not being beneath fyve hundreth merkis. And where competent manses are alreddie build, the heretoris of the paroche are heereby ordained to relive the present minister and his executors and the intrant of all coast, chairges and expenses for building and repaireing of the manses. Declaireing heerby that the manses being once built and repaired or the buildeing and repaireing therof satisfied and payed by the heretors in maner foirsaid, that neither the heretoris nor the intrant sall be therefter troubled for the same, but the saidis manses sall be uphalden in tyme of vaiccance of the kirk by the heretors and by the incumbent ministeris during their possessioun. And it is heerby appoynted that burghis and the heretoris of the landwart pairt of the paroche provyde also competent dwelling houses for ther ministeris, the same not being abone nor beneth the soumes abone expressed. And in lyk maner it is statute and ordained that everie minister have a horse and two kyes grasse, and that by and attoure his gleib; and where gleibes are fare distant frome the manses that they cannot convenientlie be laboured inrespect of ther distance frome the manse, these gleibes sall be changed and new gleibes designed more commodious and neare to the manse as good in quantitie and qualitie as the former, the samen being designed within a quarter of ane myle at furthest frome the manse. Excepting alwayes and exemeing villages and incorporat aikeris lying neirer the manses then the old gleibes, which are not lyable to any designatioune of a gleib or any pairt therof. And the estaites gives heerby power to the commissioun for plantatioune of kirkis to mak and appoynte the new gleibes as good in quantitie and qualitie as the former as is provided by law, and to rectifie the same if they be not so, and to considder and determine the releefe of the burden of the gleibs, horse and kyes grasse designit to be gottin of the remanent parochineris, the persones lyable therunto, everie one's proportione therof, and the way and maner of the payment of the samyne. And further where lesser paroches ly neir to overgreat and large paroches, it is declaired that some pairtis of the large paroche may be taken and adjoyned to the smaller paroche, that therby bothe the chairges may be maid more proportionable and the stipend of the minister in the lesser [charge]† may be maid competent and sufficient, which is heerby recommended and reserved to the commissioune for plantatioune of kirkis, authorizeing thame with power for that effect. And the estaites ordaines letters to be direct.
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The estates of parliament, taking to their consideratioune the supplicatioune given in to thame be the baillies of the burgh of Lawder, makand mentioune that whairas Alexander Wilkiesone, burges and laite baillie of the burgh of Lawder, hes now for many yeeres togither interverted the commoune gude of that toune and oppressed the poore therin and committed many gross ryottis and insolencies, such as the affronteing of the magistratis, the breking of his fatheris chartor chist and the taking away of his evidentis in a violent way, the laite strickeing of his father and the procureing of severall subscriptiounes of severall of the counsall of the said burgh in a clandestine way for dischairgeing of him of severall soumes of money justlie addebtit by him to the toune, and that ther be severall uther enormities and irregularities in severall persones wha were laitelie of the counsall of the said burgh and caried on the unlaufull Ingagement and concerneing the administratioune and disposeing of the commoune gude of the said burgh these many yeeres past; supplicating thairfore that the saidis estaites of parliament wald be pleased to nominat and appoynte some of ther number (or such as they sould think fitt) with power to conveene and sitt in the said burgh the [...] day of [...], to take tryall of all the premises and to mak reporte unto the committee of estaites now nominat by the saidis estaites of parliament, that they may censure as they sall think fitt, as at mair lenth is contenit in the said supplicatioune. Whilk being heard and considdered be the saidis estaites of parliament, they have given and granted and be thir presentis gives and grantis full power, authoritie and commissioune to [...] Ker of Greinheid, [...] Swyntoune, youngar, of that ilk, Sir Thomas Ker of Cavers, knight, Johne Sleiche, commissioner for the toune of Hadingtoune, Thomas Scott, commissioner for the toune of Selkirk, and Mr Johne Broune, commissioner for the toune of Jedburgh, or ony foure of thame as ane quorum, with power to thame to mak choyce of ane clerk to take tryall of the haill premises be examinatioune of witnesses or utherwayes as they shall think expedient, and for that effect to direct preceptis for summonding of witnesses and to appoynte the said Alexander Wilkiesone to attend at such dyettis as they shall think fitt, to object against the witnesses, to heare and sie thame receaved and sworne to depone; and als with power to thame to use all farder legall probatioune whilk they sall think necessar for clearing and trying of the premises. And ordains the saidis commissioneris and ther said clerk to reporte ther proceedingis in presence of the committee of estaites, to the effect that therefter they may proceed and minister farder justice to the saidis perties, and that betuixt the daite heirof and the eightene day of Maii nixt.
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The parliament, considdering that quhairas Charles, erle of Dumfermling is, for the good of his owne health and private effaires, to goe furth of this kingdome of Scotland to uther kingdomes and natiounes, these are therfoir to desyre yow to give unto him and his servandis frie passe and not to mak any stopt to thame, bot to be assisting in everie thing that may further and accomodat thame in ther voyage. Gevin att [...].
To all generallis, leutenant generallis, admirallis and uther officeris and to all magistratis, schirrifes and otheris whome these doe or may concerne.
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The estates of parliament, haveing taken to their consideratioune the supplicatioune of Master James Wood, professor of theologie in the New Colledge of St Andrewis, shewing him as one of the two childring of umquhile Elizabeth Dudingstoune, his mother, who deceast two yeeres since or therby, to have falline be the lawis of this kingdome to the right of the equall halff of the said umquhile Elizabeth Dudingstoune, hir pairt of the moveables whilk did pertene to James Wood, baillie in St Andrewis, the supplicantis father, the tyme of the said Elizabeth, her deceas, whereof the supplicant hes not as yit gottin any satisfactioune, he haveing, out of the respect and filiall dewtie which he aweth to his said father, delayed hitherto to mak any motioun therof to him, the supplicant being fullie assured of the said James Wood, his paternall affectione towardis him; as also shewing that the said supplicant is imployed be the church of this kingdome in the publict effaires to repaire presentlie furth therof, in the quhilk voyage (if it sall call the supplicant furth of this lyff befoir his returne) the said supplicant, his childring, will be totallie secludeit frome all benefeit of any portione of the saidis moveables and the samyne will accresce by the lawis of this kingdome to Elizabeth Wood, the supplicantis only sister as narrest of kin to her said umquhile mother, and that throw the not confirmatioune of the supplicant, his motheris testament in his owne lyfetyme, to the heavie prejudice and hurt of the supplicant and his childring; and thairfore craveing the parliament to inact and declaire that incaice it sall pleas God to call the supplicant out of this mortall lyff befoir his returne to this kingdome, that in that caice the said supplicant, his childring, shall have als full right to the said supplicant, his pairt of the said moveables, as he might have himselff gif he were on lyfe; and that they wald dispense with that pairt of the law and practice of the kingdome whilk upone his removeall by death wald seclude the said supplicant, his childring, as at mair lenth is contenit in the said supplicatioune. Quhilk, with the reporte of the committee of billis being heard and considdered be the estaites of parliament, the saidis estates statutes, inact and declaire that incaice it sall pleas God to call the said Mr James Wood out of this mortall lyff befoir his returne to this kingdome, that in that caice his childring sall have als full right to his pairt of the saidis moveables as the supplicant might have gif he were on lyff; and als dispenses with that pairt of the law and practice of the kingdome whilk upone the supplicantis removealle by death wold seclude his childring. And siclyke the saidis estates statutes, inactis and declaires that this present act (whilk is granted as a speciall necessarie favour to the supplicant) sall not fall under the compas of nor be frustrat or prejudged be the act salvo jure cujuslibet, inrespect the pertie who may pretend to have interes cannot now be cited in the straitenes of this tyme to the granting of so just a desyre, and alse inrespect that no pertie can have a present interest to the supplicant, his pairt of the saidis moveables, whilk is presentlie competent to the said supplicant himselff.
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The estates of parliament, taking to their consideratioune the nynt act of the second sessioune of the thrid parliament of umquhile King Charles of worthie memorie, daittit the twentie of Februar 1645, intitulate 'Anent the selling of the landis of forfaulted persones', and especialie that clause therof ordeining all persounes whatsomever to whome any persone alreddie forfaulted befoir the daite of the said act or who should happen to be forfaulted in that sessioun of parliament wes addebtit justlie and reallie in any soumes of money or any utherwayes, ather as principall debtoris or as cautioneris for any uther persones, and als that all persons who were cautioners for any persones than alreddie forfaulted or who should happen to be forfaulted in that sessioune of parliament to thair lawfull creditouris sould exhibite befoir the committee of estaites thair laufull securities wherby the saidis persones alreddie forfaulted or who should happen to be forfaulted in that sessioune of parliament were ther just and reall debtoris, ather as principall debtoris to thame or as debtoris to thame as cautioners for uther persones, or wherby they were cautioners for the saidis forfaulted persones or to have bene forfaulted in that sessioune of parliament, and whilkis cautioners they were obleidged in law to relive; and the productioune of the foirsaidis securities be maid be the creditors and cautioners, swa many of thame as are without the countrey within thrie monethis, and these that were within the countrey within thriescore dayes efter publicatioune of the said act at the heid burghes of the severall shirefdomes within the kingdome. And the saidis estates, finding that doubts and questiounes hes arrysen and may arryse among the leidges upone the doubtsome conceptioune and wordis of the said claus, as if the meaneing of the estaites of parliament in the said act had beine that the creditors or cautioners foirsaidis who were without the kingdome had not beine obleidged to the productioune foirsaid unles the said act had bene published at the heid burghes of the severall shirefdomes within the kingdome, thairfore, for removeing of all occasiounes of doubtis or scruples to the leidges, the estaites of parliament declaires that the true meaning of the foirsaid claus anent the publicatioune of the said act at the heid burghis of the severall schires of the kingdome wes only in relatioune to the foirsaidis creditors and cautioners being within the kingdome, dwelling within the saidis severall schyres respective, and that the samyne had no relatioune to the creditors or cautioners foirsaidis being without the kingdome; and that the certificatioune of the said act did and dothe militate against such of thame as did not produce ther bandis and securities within thrie monethis efter the publicatioune of the said act with the remanent actis of the said parliament at the mercate croce of Edinburgh, and that the saidis creditors or cautioners without the kingdome could not nor cannot pretend the no[t] publicatioune of the said act at the saidis severall croces of the heid burghes of the severall schires to frie thame frome the certificatioune of the said act, inrespect of the not productioune of ther securities befoir the committie of estaites within thrie monethis efter the publicatioune of the said act. Reservand alwayes, lykas the estaites of parliament reserves power to thameselffis or to thair committee of estaites to dispense with the said certificatioune in favouris of any of the creditors or cautioners for any of the foirsaidis foirfaulted persones, the estaites of the whilk forfaulted persones are yit in the publictis handis undisponed upone, and to grant ane new day if they or ther committee sall think expedient to the saidis creditors and cautioners yit to produce ther securities foirsaidis. Provyding that this reservatioune be not extendit to the creditors nor cautioners of forfaulted persones whais estaites and liveingis are disponit be the publict to whatsomever persone or persones befoir the daite heirof.
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The estaites of parliament, being upone good reassounes to dissolve, and considdering how necessar it is for the good of religione, king and kingdomes, for preventing and remeiding all evillis and dangeris that may befall to any of these frome intestine commotiounes or forraine invasioune, for preserveing of the peace of the kingdome and union betuixt bothe, and for doeing, acting and ordoureing all thinges relateing ather to peace or warr agreeable to the covenant and endis therof, that a grand committee be nominat and appoynted by thame of able and weilaffected persones, doe thairfore nominat, elect and mak choyse of the persones following, viz: for the noblemen, Archbald, marques of Argyll, [John]†, erle of Sutherland, Alexander, erle of Eglintoune, Johne, erle of Cassillis, Francis, erle of Buccleugh, William, erle of Louthean, [Robert]†, vicount of Arbuthnott, [Archibald]†, lord Angus, [David]†, lord Elcho, [George]†, lord Breichen, [Allane, lord Cathcart, William, lord Ross, John, lord Borthuik]†, Johne, lord Balmerino, Robert, lord Burghlie, James, lord Coupar, [John]†, lord Kirkcudbryt, [Andrew]†, lord Fraser and [William]†, master of Forbes; and for the barrones, Arthour Erskene of Scottiscraig, Sir James Halket of Pitfirrane, George Dundas of Dudingstoune, Mr Johne Dicksone of Busbie, Sir James Hope of [...], Sir David Home of Wedderburne, [...] Swintoune, younger, of that ilk, Sir Charles Erskene of Cambuskenneth, Sir Williame Cunynghame of Cunynghamheid, Sir Hew Campbell of Cesnok, knight, Sir Andro Ker of Greinheid, Sir Thomas Ruthven of Frieland, Sir Robert Adair of Kinhilt, Andro Agnew, fear of Lochnaw, Sir George Maxwell of Netherpollok, Johne Dicksone of Hairtrie, Sir Johne Broune of Fordell, Arthure Forbes of Echt, Mr Williame Sandilands of Hilderstoune [and] Johne Cokburne of Ormestoune; to the whilkis foirnamed barrones the saidis estaites addis the particular persones following to be also upone the committee of estaites, viz: Sir Johne Hope of Craighall, knight, Sir Alexander Belsches of Toftis, knyght, Johne Schaw of Greinnok, Sir Lodovik Houstoune of that ilk, knyght, Sir Williame Scott of Clerkingtoune [and] Collonell Walter Scott of Hartwoodburne. And for the burrowes: James Borthuik for Edinburgh, Patrik Ros for Perth, Robert Davidsone for [Dundee]†, George Porterfeild for Glasgow, James Sword for St Andrewis, Thomas Bruce for Stirling, James Campbell for Linlithgow, Hew Kennedy for Air, Mr Robert Barkcley for Irving, Mr James Campbell for Dumbartane, Gedion Jak for Lanerk, Mr Johne Hay for Elgine, Thomas McBurnie for Drumfreis, Johne Forbes for Innernes, Williame Symsone for Dysert, George Gardyne for Bruntiland, Johne Boiswall for Kinghorne, Mr Alexander Dowglas for Banff, George Jamesone for Coupar and James McCulloche for Whithorne; to the whilk foirnamed persones of the burrowes the saidis estaites lykwayes addis the persones following to be for the burrowes: Sir Williame Dick of Braid, knight, Sir Johne Smith of Grottall, knyght, Robert Lokhart, merchand burges of Edinburgh, Johne Schorte, burges of Stirling, Mr Williame Moir, burges of Aberdene, and James Roucheheid, baillie of Edinburgh. Lykas the saidis estaites of parliament also addis as supernumerarie to the foirnamed persones of the committee of estaites the persones following, viz: Johne, erle of Lowdoune etc., lord high chancellor of this realme, the generall officeris, Sir Archbald Johnestoune of Wariestoune, knyght, clerk of registere, Sir James Stewart of Kirkfeild, generall commissar, Sir Johne Cheislie of [Kerswell]†, Alexander Brodie of that ilk, Mr George Winrahame of Libbertoune, Williame Glendoning, provest of Kirkcudbrycht, and Alexander Jaffray, baillie of Aberdene. To whome (or ony nyne of the foirnamed persones, ther being two for everie estaite) the saidis estaites of parliament doe grant power, warrand and commissioune to meit and conveene at such tymes and places as they shall think fitt, and thair to tak sick course and resolutiounes, to give sick ordoures and directiounes in dischairge of the great trust committed to thame during the vaiccance of parliament as they sall think necessarie and conduceing to the right ordoureing and governeing of the whole bodie of the kingdome, according to the league and covenant and in pursueance of the endis therof. For the better effectuating heirof, they are heerby warranted to authorize commissioners to treate and conclude with the kingis matie and the kingdome of England; as also to treate and negotiate with any forraine princes or staites in these thingis which may concerne the honour, just power and happines of the kingis matie and his royall posteritie and the gude of these kingdomes; and to use all effectuall meanes for preventing misunderstandingis, distractiounes and differences and strenthening a firme amitie betuixt his matie and his people. And incaice they sall find [it] necessarie for the saifety of the kingdome to mak use of more forces then are presentlie on foote, with power to thame to give ordoris to the severall schires and burghis of this kingdome for raiseing of such numberis of horses and foote out of the severall boundis and jurisdictiounes as they shall think necessarie, and for provydeing thame armes, ammonitioune, victuall and other necessaries, to appoynte places of ther randevouze and to give ordour for ther quartering and interteanment; and for that end to augment and prorogate the mantenance and excyse (the whole committee being first tymeouslie warned to that effect and the most pairt being present), and to appoynte such generall officeris over thame as they sall think fitt and are not alreddie named by the parliament; reserveing to the schyres and burghes the nominatioune of officeris quherof they have bene formerlie in possessioune by ordour of parliament; and to disband the armies and forces as they sall think fitting, and to ordaine the foirsaid mantenance and excyse as the samyne sall be augmented and prorogate be thame as afoirsaid to be imployed for the use of the forces raised or to be raised allanerlie. As lykwayes with power to thame to treate and determine with the kingdome of England anent the rest of the moneyis dew by that kingdome to the Scottish armie in Ireland. And generallie with power to thame to ordaine, dispose and imploy all the forces of the kingdome levied or to be levied as they sall judge fittest for the endis abonenamed within the kingdome. With power also to the said committee to treate, consult and determine without prejudice of former assignmentis anent the payment of the remander of the brotherlie assistance or ony uther moneyis dew by the kingdome of England to this kingdome, and for setling, removeing and preventing all differences betuixt these two kingdomes. With power also to thame to cite and conveene befoir thame all persones that are guiltie of any of the classes of the act of this present parliament, and to take tryall of ther cariage and behaviour in reference to the laite unlaufull Ingadgment, and to pronunce sentence and determine against thame as they sall find just, and to purge the judicatories and places of trust according to the act of classes. As also with power to the said committee to apprehend or call befoir thame all such persones as sall invaide this kingdome or have or sall mak any insurrectioune to the disturbance of the peace therof, or sall oppose or ryse in armes against the authoritie of this parliament or committee of estates heirinnominat, or who sall concurr with, assist, keepe intelligence or correspondance with any of the saidis invaideris or ryseris in armes, and to persew thame for the same, pronunce sentence and doe justice upone thame by forfaltour or utherwayes, conforme to ther severall degries of guiltines and als fullie in all respectis as the parliament might doe gif they were sitting. And als with power to thame to bring af such as are or have bene in rebellioune (except these persones excepted in former actis of parliament) as they sall think most conduceing for the publict good and peace of the kingdome, provyding the same be conforme to the limitatiounes contenit in former actis of parliament. And farder with power to thame to give ordouris to the committees of warr of the schires and to all collonellis, stewartis, schirrifes, baillies and uther magistrattis and shireffis and subjectis to burgh or land in every thing concerneing the good and quyet of the kingdome. And generallie with power to the said comittee to doe, act and ordour all and sundrie uther thinges that shall be fund necessarie for the good of religione, the honor and happines of the king and his posteritie, the union betwene the kingdomes and the peace of this kingdome, and for ordoureing, provydeing for and disposeing the forces belonging to the kingdome, and for procureing obedience to the authoritie and resolutiounes of the parliament or committee of estaites, and for governing of the whole body of the kingdome als fullie in all respectis as the parliament might doe if they were sitting in pleno concessu. Excepting alwayes heirfra the commissioune granted for inbringing and distributeing the publict moneyis and regulating the accomptis, which is reserved in the full force therof. And it is ordained that the whole commissioneris afoirsaid sall in thair first meeting in the committee accept the commissioune and give ther solemn oath for thair faithfull and dilligent dischairge of their trust. And last with power to thame to mak choyse of new persones of that same degrie and qualitie to supplie the places of these who sall happen to decease or by seiknes or utherwayes sall be necessa[li]rie absent; and also to fill the places of these of the committee of accomptis and moneyis who sall happen to deceas or by seiknes or utherwayes sall be necessarlie absent with utheris of the same degrie and qualitie. And farder, incaice the said committee sall augment the mantenance and excyse for the use afoirsaid, with power to thame accordinglie to grant retentioune of the annualrentis of money for sick space as they sall augment the foirsaid mantenance. And if ony mater of importance doe occurr that requyres a meeting or resolutioune of the estaites, with power to the committee foirsaid or thair quorum to conveene the parliament sooner nor the twentie thrid day of Maii nixtocome, to the whilk day the parliament is to be continewed, iff they think fitting. And siclyke the saidis estates gives heerby power and warrand to the committee foirsaid or quorum therof abonementionat to decyde in all thinges referred to thame by parliament, firme and stable holding and for to hold whatsoever the saidis commissioneris or quorum afoirsaid sall doe in maner and for the end afoirmentionat. Lykas the saidis estates dischairgeth all former commissiounes to any committee of estaites, and appoynteth this commissioune to indure till the nixt meeting of parliament and ay and quhill the samyne be simpliciter dischairged.
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The estates of parliament, haveing taken to ther consideratioune ane supplicatioune given in be Sir James Hope, makand mentioune that quhair he hes certane lead workis within his landis and baronie of Waterheid and be occasioune therof a great number of workmen, both natives and strangeris, who, with ther wyffis and childring, makis up a considerable number, amongst whome (to the said supplicant, his no small greiff) thair is nothing bot impietie and want of the knowledge of God occasioned throw the great distance of the saidis workis frome the neirest church therabout, quherunto they cannot so convenientlie repaire becaus of the great stormes that are frequent in those montanous places. Humblie thairfore craveing that ane paroshe kirk may be established and erected at the saidis workis in the most convenient place at the sight and appoyntment of the presbytrie of Biggar, wherunto the samyne is to be adjoyned, to be called in all tyme cumeing the paroche kirk of [...], and being built ther, the samyne be planted to the said presbytrie or be such as be generall course to be taken theranent sall have the power of planting of kirkis within this kingdome; and that, for building of the kirk and provisioune of ane minister to serve the cure therat in all tyme cumeing, the few dewtie contenit in the said supplicant, his infeftmentis of the landis, leadmynes and utheris minerallis, which is the tent pairt of the oare wate† out therof, or ane thousand merkis in the optioune of the said supplicant, may be mortified in tyme cumeing to the said kirk and minister therof and that so much the rather, not onlie becaus the said supplicant is content to acquiesce to the said mortificatioune in favouris of the said new kirk sua craved to be erected, howbeit the said few dewtie hath ever past memorie of man bene disponed be tak or utherwayes be the prosequtors of the saidis workis (without the which they wald hardlie have bene able to uphald thame), and which for the present is also standing in his person, whereof be the erectioune and mortificatioune foirsaid the said supplicant and his successours will be disapoynted and out of all expectatioune for ever; bot also becaus the said few dewtie of the tent pairt of the said lead oar or of the thousand merks (the one or the uther therof being only payable be the saidis infeftmentis at the optioune of the said supplicant) and so in a possabilitie to be some yeeres nothing at all (as it hath bene severall yeeres since thir troubles and of befoir) or quhilks may cease by the overgiveing of the saidis workis, wherby thogh it were mortified the kirk now craved to be erected might be ather disapoynted or altogither destitute of provisioune. The said supplicant for advanceing of so good a work is willing and does heerby mak offer to mortifie in place of the said few dewtie the soume of ane thousand merks money of this realme, and is content presentlie to give surety for peyment therof at Mertimes nixtocome to any persone who be the commissioneris for plantatioune of kirkis sall be appoynted to receave the same to be imployment†at ther sight and appoyntment upone teyndis, land, rent or utherwayes as occasioune may be found, to the effect that the whole rent and proffeit therof may be imployed for building of the said churche and therefter towardis the making up of a setled and constant stipend for the said kirk in all tyme cumeing. And in place therof, that the saidis estaites of parliament wald seriouslie recommend to his matie that upon the foirsaidis respectis his matie wald be pleased to grant ane gift and sufficient surety for all tyme heirefter to and in favouris of the said supplicant and his foirsaidis of the foirsaidis few dewties of the saidis mynnes and minerallis contenit in ther saidis infeftmentis, dischairging therby his maties thesaurer or commissioneris of his maties thesaurarie and commissiouneris of his maties exchequher and all utheris whomesoever pretending his maties right and power to medle therwith and of all chargeing or troubleing of the said supplicant or his foirsaidis for payment therof in any tyme heirefter. And further that the saidis estaites of parliament would recomend to his matie and to his maties thesaurer, commissioneris of his majesties thesaurarie and exchequher for the tyme being that they would renew to the said supplicant and his foirsaidis and grant ane gift of the said few dewtie for the space of thrie nyntene yeeres, to begin and rune efter the expyreing of that gift therof which wes granted be his matie to umquhile Sir Thomas Hope, his maties advocat, the supplicant's father, and wherby the said supplicant hes present right therto in maner foirsaid, that he and his foirsaidis may mak use of ather or both of the foirsaids securities at ther optioune, the one but prejudice of the uther. And lykwayes, as if the foirsaids giftis and securities were alreddie granted now as than and than as now, that the saidis estaites of parliament wald ratifie and confirme the samyne to the said supplicant and his foirsaidis, and for the ressoune and caus foirsaid wold allocate and dispone to thame the right of the foirsaid few dewtie contenit in the said supplicant, his saidis infeftmentis, to belong to him and his foirsaidis als fullie and trewlie as the uther mynes, parts of the saidis mynes and minerallis perpetuallie in all tyme cumeing, the reddendo or ony uther clauses contenit in the said supplicantis infeftmentis or utheris rightis of the samyne actis of parliament and utheris maid anent myneis to the contrarie in onywayes notwithstanding. Expreslie dischairgeing as is afoirsaid and declaireing that the said few dewtie sall never at any tyme heirefter be evicted or exacted fra the said supplicant or his foirsaids be his matie or his successoris or ony haveing right or power to that effect, bot efter repayment first maid be thame to the said Sir James Hope or his foirsaidis of the soume of ten thousand merkis cum omni causa et interesse; and wold further declaire that thir presentis, any thing therin contenit or that sall follow thereupoune, nor the said supplicant or his foirsaidis, ther accepting or making use therof, sall nawayes be any ground or ressoune of impungeing ther saidis infeftmentis or utheris rightis of the saidis myndis and minerallis or tenth pairt therof, bot, on the contrair, on further corroboratioune of the samyne accumulando jura juribus, to confirme and ratifie the samyne in the haill heidis and tennoris therof als frielie as if the samyne were verbatim heirinexpressed in swa farr as the samyne may establish the said supplicant and his foirsaidis, ther right therto allanerlie. And for the said supplicant, his further encouragement in prosecuteing of the foirsaidis workis, his humble desyre is that the saidis estaites of parliament wold be pleased to ratifie and renew in favouris of his saidis workis and workmen ther friedome and immunitie frome all publict dewis and impositiounes whatsomever, and to that effect revive all former actis, generall or speciall, maid or conceaved in ther favouris or in favouris of mynderis or prosecutors of such publict workis at ony tyme of befoir; and speciallie the actis of parliament the [...] day of Junii 1592 and act of the committee of estaites, 8 December 1643, declareing the samyne sall never be understood to be comprehendit or fall under any generall revocatioune, act of reschissioun maid or to be maid at ony tyme heirefter unles that the samyne be revoked or repeatted per expressum, as at mair lenth is contenit in the said supplicatioune. Whilk, togidder with ane recommendatioune given in to the parliament anent the premises be the commissioners of the general assembly, being heard and considderit be the estaites of parliament, they have recommendit and recomendis that member of the said suplicatioune (wherby its craved that ane paroche kirk may be established and erected at the saidis workis in the most convenient place, at the sight and appoyntment of the said presbytrie of Biggar, and the remanent clauses of the said supplicatioune sa farr as concernes the erecting of the said paroche kirk and provyding of the minister for serveing of the cure therat) to the commissioners appoynted for planting of kirkis, and hes recomendit and recomendis the remanent poyntis of the said supplicatioune and the mortificatioune of the few dewtie in tyme cumeing to the said kirk and minister therof or the said Sir James Hope, his offer to mortifie in place of the said few dewtie the soume of ten thousand merks to be bestowed for the use foirsaid, and with the provisiones and restrictiones foirsaidis, to the lordis and utheris commissiouneris for the exchequher; and seriouslie recomendis to thame that so pious ane undertaking of the petitioner of so laudable and pious motioune may be interteaned and the petitioner enabled and encouraged for perfyteing therof according to the desyre of the commissiouneris of the generall assembly.
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The estates of parliament, taking to consideratioune the present great burdinges of the kingdome and [that] thair are great soumes of money belonging to the publict resting uncompted for in the handis of the collectoris and intromettoris with the publict dewis, or unuplifted and receaved frome those who are lyable and subject in peyment therof, to the great prejudice of the kingdome and continuance of the burdinges therof; as also that the mater of moneyis may be rightlie regulated and distributed for mantenance and interteanment of the armie and gariesones and uther publict uses within the kingdome; and finding it necessarie that it be cleared what soumes are awing to the publict and the samyne inbrocht to be applyed for payment of the most necessarie and pressing debtis and burdinges of the kingdome, doe thairfore heerby nominat, authorize and appoynte the persounes following, viz: Archbald, marques of Argyll, Johne, erle of Cassillis, [Robert]†, vicount of Arbuthnott, Robert, lord Burghlie, Johne, lord Torphichen; Sir Hew Campbell of Cesnok, knight, Sir Williame Cunynghame of Cunynghameheid, knight, Sir Thomas Ruthven of Frieland, knight, Sir Charles Erskene of Cambuskenneth, knight, Sir James Hope of [...] for the barrones; Mr Robert Barkcley, provest of Irving, George Porterfield, provest of Glasgow, Hew Kennedy, provest of Air, Sir Johne Smith of Groatwell, laite provest of Edinburgh, and Gedion Jack, baillie of Lanark; to whome (or ony sevin of thame for passing of the preceptis underwrittin, and utherwayis to any fyve of thame as the quorum) the estaites of parliament doe heerby give full power, warrand and commissione to tak and survey ane exact tryell of the publict accomptis, debtis and burdinges of the kingdome and also what publict moneyis is ordained to be uplifted by loane, taxt, mantenance, tent [and] twentie penny, excyse, lending and fyneing or any uther way are yit unpeyed and unbrocht for the use of the publict, and to try how and whair the samyne is restand, and to call all perties and persounes, haveris therof, or who have intrometted with the samyne and have not as yit compted therfoir, and all persones awing and lyable in payment therof, to ane accompt, heare, allow and disallow of the samen as they sall find just, and, efter tryall therof, to enjoyne thame to pey what sall be fund so to be restand. And for that effect, with power to thame to issue furth and direct such ordouris, letters and executioune and take such uther expeditious way as sall be fund necessarie for that end, and to pronunce decreittis and sentences theranent and to caus put the samyne to executioune, and to reduce the haill debtis, comptis and publict moneyis of the kingdome in such ordour as the burdingis of the publict may be knowne, and als what soumes are awing to the publict and what are awing be the publict to any. And for the better clearing of the said publict accomptis and burdinges of the kingdome, and also what soumes are resting to the publict yit unpeyed, with power to the said committee or ther quorum to call for the inspectioune of the registers, recordis and warrandis of parliament and all uther committees and utheris publict recordis thairanent, to the effect that all comptis, bandis, restis and respondees may be exactlie extracted furth thairof and the persones lyable therin may be maid comptable for the same. Lykas the saidis estaites of parliament heerby committis and intrustis to the foirsaid committee the sole and only power of disposeing and distributeing of all moneyis which sall come in and be dew to the publict, togither with the whole rentis and dewties of landis, soumes of money, moveables and utheris belonging to malignantis and forfaulted persones, with all fynes and pryces of forfaulted landis and utheris whatsomever perteining to the publict, and to imploy the samyne in the first place for the mantenance and interteanment of the armies within the kingdome and subsistance of these who sall be fund be thame to be utterlie ruined. And for that effect, grantis to thame the sole and only power to give out and subscryve precepts for the pey and mantenance of the armies and satisfieing any persones of sick soumes as are or sall be appoynted by parliament or committee of parliament for taking or killing of any persone in the rebellioune, and for intelligence postis, buying of armes, ammonitioune, the traine of artiliarie, cariages and such uther pressing and urgent effaires as sall be recommended by the committee of estaites and as concernes the outreik, expeditione and mantenance of the armies and provisiounes of the garisounes allanerlie; and ordaines every precept to be subscryved by a full quorum of the said committee at the leist, which persones, subscryveris therof, sall be answerable to the parliament that they subscryve no preceptis upone the monethlie mantenance bot for the causes foirsaidis till the effaires and mantenance of the armies be first dispatched and satisfied; quherin if the said committee contraveine and failzie, the saidis estates of parliament heerby declaires and ordaines the subscryveris of the saidis precepts to be lyable in payment to the publict of all such soumes for which they sall draw preceptis for any uther [cause]† till first the effairs and mantenance of the armies be satisfied. With power to the said committee in the next place to dispose and grant preceptis upone the excyse moneyis and [for the]† incident chairges allanerlie; and all preceptis are appoynted to be drawne upone the generall commissar only. And ordaines the said committee to considder frequentlie the estaite of the publict cashe and what moneyis are therin fra tyme to tyme, and to fitt monethlie ane accompt of incident charges, and to draw no preceptis bot when ther is money in the cashe to satisfie and anser the same. Lykas the saidis estaites ordaines the forsaid committee in the distributiounes and ordoreing of the peyment of the moneyis for the armies to distribute the same equallie and to take such constant course as all regimentis of foote and horse be put and keeped in equalitie, ather in money, proveant or provisioune according to their strenth and muster rollis, being mustered as is alreddie provyded. And to the effect that both officeris and souldiors may know ther owne proportioune dew to thame for all moneyis to be payed to thame, it is ordained that all preceptis to be direct by the said committee for that effect sall beare in cumulo what proportione of the haill soumes contenit in the precept is allowed to be peyed to the officeris and what proportioune therof to the souldiors of the regiment, troupe or companie for which the saidis preceptis are granted. And ordaines the clerk to be appoynted by the clerk of register to this commissioune sall have the trust and keeping of the responde buikis and of all the accomptis, warrandis and instructiounes therof which concerne the publict. And the estates ordaines the clerk to have a register contening the haill accomptis, both of intromissioune and how the samyne is given out. And where materis of difficultie or importance sall occurr, the saidis estaites of parliament ordaines the committee of estaites to give ther advyse to the foirsaid committee heerby appoynted as they sall necessarlie desyre the same. With power also to the said committee or quorum therof to fyne and borrow moneyis frome all such persones as are qualified efter the maner and according to the restrictiounes contenit in the act of this present parliament of the daite the [...] day of [...]†; and with power to thame to give publict surety to these frome whome they borrow according to former use; and ordaines the weel affected to be first satisfied. It is heerby declaired that whatsoever persone to whome the publict is awing any moneyis sall give in to the said committee ane list of persones able to lend moneyis or are or sall be fyned and not excepted by the act of this present parliament, that in that caice the one halff of the said soumes be given to the perties in pairt of peyment of ther soumes and the uther halff is to be given to the generall commissar and applyed to the use of the publict. To the whilk committee lykwayes or quorum therof foirsaid the saides estaites gives power to issue furth commissiounes for trying of waisted and brunt landis and uther losses be sea or land, and to receave in reportis of the samyne. And siclyke the saidis estates doe heerby nominat and appoynte the persones abonenamed to be commissiouneris for the excyse, and grantis power and warrand to thame (or their quorum foirsaid or sick of ther number as they sall substitute and appoynte) to governe the office of excyse, ferme the samyne and appoynte collectors, surveyeris and utheris under officeris, and sett doune such actis and ordinances as sall be necessar and requisite for that effect, conforme to the act of parliament concerneing the commissioune and ratificatioune anent the foirsaid excyse and according to the act of parliament anent the laite additioune to the excyse, and to prosecute the wayes and actis alreddie set doune anent the said excyse as they sall think fitt. And for the encuragement of the said committee and inableing thame to attend and prosecute the said commissioune, the estaites ordaines thame to have the allowance granted formerlie to the commissiouneris of excyse according to ther sederuntis and two of the hundreth of the moneyis which they sall discover and bring in of publict dewis and restis preceeding October last. And for the better clearing of the generall commissaris chairge, it is lykwayes ordained that all dischairges to be granted and† accomptis to be fitted at any tyme heirefter be the generall commissar to any subcollectoris or utheris intromettoris whatsomever with any publick dewis, or who are appoynted to pey to him any moneyis for whatsomever caus for the publict use, sall be by thame brought in to the said committee within ane moneth efter the subscryveing therof, to the effect that the names of the persones to whome the samyne are granted, the soumes therincontenit, the caus for which and daite therof may be recorded by their clerk, who sall be holden to doe the samyne gratis; and if the samyne be not recorded or instrumentis taken upone the refuisall therof within the space foirsaid, the same are heerby declaired to be null and to mak na faith in all tyme therefter. And it is farther ordoured that ane claus to this effect be insert in all commissiounes or warrandis, dischairges or subscribed accomptis to be granted heirefter be the generall commissar [to any of the persons aforesaid and that the general commissary]†, with all convenience, caus intimat the foirsaid certificatioune to such as have alreddie receaved ther said commissioune or warrand.
[1649/1/296]*[print] [email] [cite] [preceding] [following]
The estates of parliament, taking to their consideratioune the great and extraordinarie losses sustenit be the inhabitantis of the burghis of Banff and Culane and the hard conditioune they were in in the monethis of October, November and December 1648 and Januar last 1649, which losses hath bene occasioned ather by the commoune enemies of the kingdome or by our owne forces, and that it is necessar and requisite the saidis losses be tryed, that reparatioune be maid therof to the perties, suffereris, and for the better clearing of the way of tryall, have fund that the pertie greived or compleaning may prove be sufficient witnesses that he had in his possessioune such guidis and geir as he condiscendis upone in his complaint, and that the enemie comeing ther they were taken away and destroyed by the enemie, alsweell these on the ground as these in the houses, and never seene therefter in these places; and for the insicht and houshold plenishing and for whatsomever uther guidis were in the compleineris houses, that the servandis of the complainers be examined upone ther oathes as witnesses theranent as ane adminicle of the probatioune; and, in supplement of all probatioune, the pertie, compleineris, to give ther oathes, that to their best knowledge all these guidis and geir were taken away and destroyed be the enemie, alsweill those on the ground as these in the houses; and this maner of probatioune be extended lykwayes to those guidis and losses of schippis takin be sea, which sall be entered be the perties, owneris or utheris haveing power to give up entries of schippis and guidis useing the way and maner of probatioune befoir prescryved as accordis. Thairfore the saidis estates of parliament hes given and granted full power, warrand and commissioune to Andrew Meldrum of Iden, Alexander Urquhart of Dunlugus, Sir Alexander Abercrombie of Birkinboig, younger, Williame Dalgarno of that ilk, [...] Forbes of Byth and Patrik Meldrum of Auchnot, or ony foure of thame as ane quorum, to take and receave the tryall and probatioune of† the saidis perties and ther tennentis, their great and griveous losses sustenit by thame in maner forsaid; with power to the saidis commissiouneris or their quorum to choyse ane clerk and utheris officeris and memberis of courte neidfull and tak ther oathes de fideli administratione, direct preceptis for citatioune of witnesses and utheris perties interest and concerned in the bussines, and that they take the oathes of witnesses and perties to be admitted be thame in maner forsaid, and to doe everie uther thing for trying of the saidis perties losses, the causes therof, and the perties be whome the samyne wes committed. Reservand the ordor abonespeit, with reservatioune alwayes of the modificatioun to the judges of what sall not be legallie proven be wreate or witnesses notwithstanding the perties, committeris of the wrongis, are not cited therto. And ordaines lykwayes the cariage and deserveingis of the perties, suffereris, to be tryet and that the premises be reported to the parliament or committee of estaites or uther committees to be appoynted for that effect, that they may take such course theranent as accordis, and caus registrat the samyne in the registere appoyntit for that effect. And ordaines reporte therof to be maid to the parliament or committee therof betuixt and the first day of August nixtocome notwithstanding of any former act.