[1649/1/294]*[print] [email] [cite] [preceding] [following]
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.