[A1630/7/17]*[print] [email] [cite] [preceding] [following]
The estates presently convened ratify, allow and approve the four decreets given and pronounced by the king's majesty upon the general submissions made to his majesty by the prelates, lords of erection, titulars, heritors, burghs and other submitters regarding the feu mails of erections, teinds of other men's lands, rate and price thereof, and securities of the same, which decreets are of the date at Windsor, 2 September 1629, and registered in the books of privy council upon 18 September, in the whole heads, points, clauses and articles contained therein and after the form and tenor thereof in all points, and specially that part thereof whereby it is ordained that every heritor shall have his own teind and whereby the rate of the teind is appointed to be the fifth part and the price thereof nine years' purchase, and whereby it is provided that the titular shall not be deprived of his right and possession until he receive satisfaction according to the said decreets; and ordain letters of horning and other execution to pass thereupon in the appropriate form. Whereupon Sir Thomas Hope of Craighall, knight baronet, his majesty's advocate, asked instruments.
[A1630/7/18]*[print] [email] [cite] [preceding] [following]
The estates, for the better furthering and hastening of the valuations wherein there has been so great pains and travails taken these diverse years bygone, give power and warrant by this commission to the commissioners nominated by the king's majesty for the surrenders and teinds to direct letters of horning and poinding upon every matter occurring before them and tending to the advancement and hastening of the said valuations.
[A1630/7/19]*[print] [email] [cite] [preceding] [following]
The estates ratify, allow and approve the act of the commission for the surrenders and ratification thereof made by the lords of secret council, whereby they ordain letters of horning to be directed at the instance of [William Douglas, earl of Morton], his majesty's treasurer, for payment of his majesty's annuity for the crops and years of God 1628, 1629 and in time coming of the kirks, whereof the valuations are already discussed by the great commission and as they shall be brought in and discussed by the said commissioners from time to time.
[A1630/7/20]*[print] [email] [cite] [preceding] [following]
The which day the commissioners for the shires and gentry gave in the articles and grievances following, which they recommended to the consideration of the estates, of the which the tenor follows:
That the lords of the great commission would appoint some particular diet to convene before them all such titulars who have procured warrant that the valuation shall be referred to the heritors' oaths, that their depositions may be taken and no further delay made and what security shall be given.
Item, for remedy against such persons as have not or will not submit the teinds of other men's lands, that his majesty would be pleased to prosecute his right against them.
Item, that the lords of the great commission would grant a committee until 15 September for receiving of security and caution to pay for their teinds that are usually led according to the valuation made or to be made.
Item, that his majesty may be petitioned by the whole convention to consider of the great fear the lieges have conceived regarding his majesty's revocation and summons already raised, and that his majesty would be pleased to declare himself for removing of these fears and that the lieges may be freed thereof.
Item, that all such persons guilty of the wearing of guns and pistols who have not committed any violence or oppression upon the lieges nor yet have not been formerly convened before the council may be remitted for all bygones.
Item, that order may be taken for relief of the taxation of dismembered baronies where a great part of the lands have been of old conveyed, and that by a committee.
Item, that the privileges of the justices of peace may be ratified and of new enlarged to such a number of selected persons within every shire as the lords of the council shall think fit.
Item, to propose for the changing of the terms of Whitsunday [May/June] and Martinmas [11 November] to Lammas [1 August] and Candlemas [2 February] for such reasons as shall be given in.
Item, that the estates shall call before them [Sir Alexander Strachan of] Thornton's patent and take to their considerations how far the same is prejudicial to the lieges and liberate them thereof by reason of the great fear that is conceived.
Item, that there may be some course taken whereby the extraordinary concourse of the subjects to court may be repressed, which undoes the kingdom and by misleading information to his majesty inverts the course of justice in the ordinary courts and judicatures of this kingdom.
Item, that the extraordinary extortion of writers, commissioners and keepers of the seals may be rectified in time coming.
It is petitioned by the gentry that the patent granted for making of powder within the kingdom may take effect, and that the person to whom the gift is given may either conveniently and timeously take upon him the due performance or otherwise that his patent be recalled and that the gift may be granted to some of the subjects who will undertake the same.
Item, the gentry do petition that the whole estates would humbly entreat his majesty not to relinquish or alienate to any stranger king or nation the territories of New Scotland which are annexed to this crown, since both his majesty and this his ancient kingdom are tied in honour and credit to maintain the same; and that his majesty may be petitioned to recommend to this state which way the same may be most conveniently done to the honour of this nation.
Item, regarding measures, because the acts of parliament laudably made relating thereto are in diverse parts of the kingdom neglected and the transgressors thereof not punished according to the said acts, therefore, it would be provided that either the sheriff within the shire or stewart within the stewartry or else one to be appointed by this commission within every parish shall be authorised with power to exact the penalties of the transgressors and to be accountable to the exchequer therefore, his lawful charges being deducted.
And also because there has been great remissness in executing the acts of parliament made regarding beggars, which remissness flows specially from not exacting the penalties appointed by the said acts from such as do maintain them and from such as do not punish them, as also because there are no penalties enjoined upon such as do not maintain the poor to be commended to them by the order of the said acts, therefore it would be provided that both penalties were appointed and exacted upon the transgression of the said acts and that one were authorised with power to exact the said penalties in every parish and to account for the same as above.
[A1630/7/21]*[print] [email] [cite] [preceding] [following]
The estates remit to the great commission for the surrenders and teinds the appointing of diets to the titulars of teinds for discussing and perfecting of the valuations where they have referred the worth of their teinds to the oath of verity of the heritors.
[A1630/7/22]*[print] [email] [cite] [preceding] [following]
The estates remit to the great commission the consideration of that article given in by the gentry desiring a committee to be granted for receiving of security from the heritors for leading of their teinds.
[A1630/7/23]*[print] [email] [cite] [preceding] [following]
Regarding the article and grievance given in by the gentry to the estates touching the fears apprehended by the lieges upon his majesty's revocation and summons raised thereupon, the estates ordain a missive to be written to his majesty humbly entreating that his majesty would be graciously pleased to give commission to his majesty's exchequer for renewing and passing of infeftments to such of his majesty's subjects whose rights are defective upon composition to be paid for the same to his majesty according to the quality of their defective rights.
[A1630/7/24]*[print] [email] [cite] [preceding] [following]
The estates ratify, allow and approve the privileges of the justices of peace and ordain the commissioners for the shires to give in to his majesty's council a roll of the names of such persons within their shires as are fitting to be justices of peace, to the intent their commissions may be accordingly renewed.